Journal de la 831ème séance plénière du Forum
In this Act—
“the consolidating Acts” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Contributions and Benefits Act”), the Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”) and, so far as it reproduces the effect of the repealed enactments, this Act; and
“the consolidating Acts” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Contributions and Benefits Act”), the Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”) and, so far as it reproduces the effect of the repealed enactments, this Act; and
“the repealed enactments” means the enactments repealed by this Act.
“the repealed enactments” means the enactments repealed by this Act.
The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.
Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that provision.
Any reference, whether express or implied, in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.
Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.
The enactments mentioned in Schedule 1 to this Act are repealed to the extent specified in the third column of that Schedule (being repeals consequential on the consolidating Acts).
The repeals have effect subject to any relevant savings in Schedule 3 to this Act.
The enactments mentioned in Schedule 2 to this Act shall have effect with the amendments there specified (being amendments consequential on the consolidating Acts).
The transitional provisions and savings in Schedule 3 to this Act shall have effect.
Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.
The transitory modifications in Schedule 4 to this Act shall have effect.
This Act may be cited as the Social Security (Consequential Provisions) (Northern Ireland) Act 1992.
This Act shall come into force on 1st July 1992, immediately after the Social Security (Consequential Provisions) Act 1992 .
Except as provided by subsections (4) to (6) below, this Act extends to Northern Ireland only.
Section 2 above and this section extend to the whole of the United Kingdom.
Where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.
Section 4 above extends to the Isle of Man so far as it relates to paragraph 21 of Schedule 2 to this Act.
Section 3. Chapter or Number Short title Extent of repeal 1974 c. 4 (N.I.). The National Insurance Measure (Northern Ireland) 1974. Section 5(1), (3) and (4). 1975 c. 15. The Social Security (Northern Ireland) Act 1975. The whole Act, except sections 97(4) and 158 and paragraphs 5(2), 6, 7 and 7A of Schedule 10. 1975 c. 17. The Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975. The whole Act. 1975 c. 18. The Social Security (Consequential Provisions) Act 1975. In Schedule 2, paragraphs 73, 74, 77, 80, 87, 108, 110 and 112.. 1975 c. 25. The Northern Ireland Assembly Disqualification Act 1975. In Part II of Schedule 1 the entry beginning “A Medical Board”. 1975 c. 60. The Social Security Pensions Act 1975. In Schedule 4, paragraphs 68 to 70 and 71(a) and (b). S.I. 1975/1503 (N.I. 15). The Social Security Pensions (Northern Ireland) Order 1975. In Article 2(3), in sub-paragraph (a) the words “Part II and” and in sub-paragraph (b) the words “(except Article 24)”.Part II.Articles 8 to 12.Articles 14 to 18A.Articles 20 to 23.Articles 26 and 27.Article 52A(13).Article 70(1)(a).In Article 70A, the words ”8(3),” and ”of, and paragraphs 2(3) and 4A of Schedule 1”.Article 74(3).Schedule 1.In Schedule 5, paragraphs 17 to 28, 33, 36 to 42 and 44. S.I. 1975/1504 (N.I. 16). The Child Benefit (Northern Ireland) Order 1975. The whole Order. S.I. 1976/427 (N.I. 9). The Social Security and Family Allowances (Northern Ireland) Order 1976. The whole Order. S.I. 1976/1043 (N.I. 16). The Industrial Relations (Northern Ireland) Order 1976. Article 72(3). 1977 c. 5. The Social Security (Miscellaneous Provisions) Act 1977. Section 20(3) and (4). S.I. 1977/610 (N.I. 11). The Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977. Article 1(5).In Article 2(2) the definitions of ”the 1966 Act”, ”the Old Cases Act” and ”the principal Act”.Article 2(3).Article 3.Article 4(1).Articles 5 to 7.Articles 9 and 10.Articles 13 and 14.Article 16.Article 18(1) to (5), (16), (17) and (25).In Article 19(3), the words from the beginning to ”principal Act”. S.I. 1977/2156 (N.I. 27). The Supplementary Benefits (Northern Ireland) Order 1977. Articles 28 and 29.In Schedule 6, paragraph 19. 1978 c. 23. The Judicature (Northern Ireland) Act 1978. In Schedule 5, in Part II, the amendment to the Social Security (Northern Ireland) Act 1975. 1979 c. 18. The Social Security Act 1979. Section 9(2). S.I. 1979/396 (N.I. 5). The Social Security (Northern Ireland) Order 1979. Article 1(3) and (5).In Article 2(2) the definitions of ”the principal Act” and ”the Order of 1977”.Article 3.Articles 5 and 6.Articles 11 to 13.Article 15.Schedule 1. In Schedule 3, paragraphs 3 to 7, 9 to 11, in paragraph 15 the words ”8(3) and” and paragraphs 16, 22, 23 and 28 to 30. S.I. 1979/1573 (N.I. 12). The Statutory Rules (Northern Ireland) Order 1979. In Schedule 4, paragraphs 16 and 17. 1980 c. 30. The Social Security Act 1980. Section 9(3) and (4).Section 10.Sections 13 and 14.In Schedule 3, Part II. S.I. 1980/870 (N.I. 8). The Social Security (Northern Ireland) Order 1980. In Article 2(2) the definitions of “the principal Act” and “the Supplementary Benefits Commission”.Article 3.In Article 4, paragraphs (1) and (10).Article 5(2), (5), (6) and (7).Article 6(1).Article 7(2) to (4).Articles 9 and 10.Articles 12 to 14.Article 15(2).Schedule 1.In Schedule 2, Part II.In Schedule 3, paragraph 8. S.I. 1980/1087 (N.I. 13). The Social Security (No. 2) (Northern Ireland) Order 1980. The whole Order. S.I. 1981/230 (N.I. 9). The Social Security (Contributions) (Northern Ireland) Order 1981. The whole Order. S.I. 1981/1118 (N.I. 25). The Social Security (Northern Ireland) Order 1981. The whole Order. S.I. 1981/1675 (N.I. 26). The Magistrates’ Courts (Northern Ireland) Order 1981. In Schedule 6, paragraphs 34, 35 and 135. S.I. 1982/158 (N.I. 4). The Social Security (Contributions) (Northern Ireland) Order 1982. The whole Order. S.I. 1982/1082 (N.I. 14). The Forfeiture (Northern Ireland) Order 1982. In Article 6(5), the entry relating to the Child Benefit (Northern Ireland) Order 1975. S.I. 1982/1084 (N.I. 16). The Social Security (Northern Ireland) Order 1982. Articles 3 to 9.Article 11.Articles 19 and 20.Articles 24, 25 and 25A.Articles 28 to 30.Article 32(1) to (4).Article 35. In Article 36(2) the words ”those to which section 156(1) of the principal Act applies and”.Schedule 1.In Schedule 2, paragraphs 1 to 4.In Schedule 4, paragraphs 3 to 6, 8, 12, 17, 18, 19 and 21. S.I. 1983/1524 (N.I. 17). The Social Security Adjudications (Northern Ireland) Order 1983. The whole Order, except Articles 1, 2, 3(3)(a) and 4(3)(a). S.I. 1984/1158 (N.I. 8). The Health and Social Security (Northern Ireland) Order 1984. Articles 5 to 8.Articles 10 to 12.Schedules 2 and 3.In Schedule 5, paragraphs 1, 2, 4 and 7 to 9. S.I. 1985/1209 (N.I. 16). The Social Security (Northern Ireland) Order 1985. Articles 9 to 15.Article 18.Article 20.Article 23.In Schedule 3, paragraph 1.In Schedule 4, paragraphs 2 and 4 to 7.In Schedule 5, paragraphs 3 to 8 and 31. 1986 c. 50. The Social Security Act 1986. In Schedule 9, paragraphs 1, 3(1)(c) and (2)(a) to (g) and (j), 11 and 12. S.I. 1986/1888 (N.I. 18). The Social Security (Northern Ireland) Order 1986. In Article 2(2), the definition of “applicable amount”, paragraphs (c) and (d) of the definition of “the benefit Acts”, the definitions of “dwelling”, “housing benefit scheme”, “income-related benefit”, “long-term benefit”, “primary Class 1 contributions”, “secondary Class 1 contributions”, “qualifying benefit”, “rate rebate”, “rent rebate”, “rent allowance”, “rates”, “trade dispute”, “war disablement pension” and “war widow’s pension”.Articles 19 to 25B.Articles 27 to 37.Article 38(1).Article 39.Articles 41 to 52.Article 53(3) to (10).Article 54.Article 56. In Article 57, in paragraph (1) the words from ”or the Department” to ”Executive” in paragraph 2(a), the words ”other than an offence relating to housing benefit”, paragraph 2(b) and the word ”and” immediately preceding it, in paragraph 3(a) the words ”or of the Department of the Environment”, paragraph 3(b) and the word ”and” immediatly preceding it and paragraph (3A).Article 59.Articles 62 to 70.Article 71(1).Articles 74 and 75.Article 79(3) and (4).In Article 80(1), the words ”and VI”.Article 81(2).Article 81(5) and (6). S.I. 1986/1888 (N.I. 18). The Social Security (Northern Ireland) Order 1986. In Article 82, paragraph (1)(c) and (d), paragraph (2), in paragraph (3) the words “and (5)”, paragraph (5), in paragraph (6) the words from “and sums” to the end and paragraphs (7) to (10).Schedule 3, except paragraph 17.Schedule 4.In Schedule 5, paragraphs 1 to 17 and in Part II, paragraphs (b) and (c).Schedules 6 and 7.In Schedule 8, paragraphs 1 to 5.In Schedule 9, paragraphs 1, 27(b), 28 to 30, 32, 36(2), 37 to 46, 49 to 51, 53 to 57, 59, 60, 62, 64, 65, 67 to 74 and 76(a). S.I. 1987/464 (N.I. 8). The Social Fund (Maternity and Funeral Expenses) (Northern Ireland) Order 1987. The whole Order. 1988 c. 1. The Income and Corporation Taxes Act 1988. In Schedule 29, paragraph 14 and in paragraph 32, the entries relating to the Social Security (Northern Ireland) Act 1975 and the Social Security (Northern Ireland) Order 1986. 1988 c. 39. The Finance Act 1988. In Schedule 3, paragraph 31. S.I. 1988/594 (N.I. 2). The Social Security (Northern Ireland) Order 1988. In Article 1(4) the words from “Article 3” to “that Order”.Articles 3 to 9.Articles 11 and 12. In Article 15A(2) the words ”those to which section 156(1) of the principal Act applies and”.Article 16(1).Schedule 1.In Schedule 2, paragraph 1(1).Schedules 3 and 4. S.I. 1988/1087 (N.I. 10). The Employment and Training (Amendment) (Northern Ireland) Order 1988. Articles 5 and 6. S.I. 1989/1342 (N.I. 13). The Social Security (Northern Ireland) Order 1989. In Article 2(2), the definitions of “the Old Cases Act” and “the 1982 Order”.Articles 3 to 5.Article 6(1) to (4).Article 7.Article 8(1).Article 9(1) to (5).Articles 11 to 21.Article 23.Article 24(1) to (6) and (8).Article 28.In Article 29(1) the words ”3 to 6” and ”11 to 14 and 24”.Article 29(2) and (3). In Article 30, paragraph (2), in paragraph (3) the words from ”those to” to ”applies and” and paragraph (5).In Schedule 1, paragraphs 1 to 10.Schedules 2 and 3.In Schedule 4, paragraphs 1 to 21 and 23.Schedule 7, except paragraph 18.In Schedule 8, paragraphs 1 to 8, 9(1), 10, 11 and 13 to 18. 1990 c. 1. The Capital Allowances Act 1990. In Schedule 1, paragraph 2. 1990 c. 27. The Social Security Act 1990. Section 17(8) and (9).In Schedule 1, paragraph 5(4). 1990 c. 37. The Human Fertilisation and Embryology Act 1990. In Schedule 4, paragraph 3. S.I. 1990/1511 (N.I. 15). The Social Security (Northern Ireland) Order 1990. In Article 2(2), the definitions of “the 1982 Order”, “the 1986 Order”, “the 1989 Order”, and “the Old Cases Act”.Articles 3 to 7.Article 8(1) to (3).Articles 10 to 12.Articles 18 and 19.In Schedule 1, paragraphs 1 to 5.Schedule 5. In Schedule 6, paragraphs 1, 2(1) and (2), 3 to 5, 6(1) to (5) (7), (8). (10), 16 and in (17) the words from ”section 5” to ”that section, and” and paragraphs 7 to 15, 16(2), 17 and 19. S.I. 1991/194 (N.I. 1). The Health and Personal Social Services (Northern Ireland) Order 1991. In Part II of Schedule 5, the amendments to the Social Security (Northern Ireland) Order 1982 and the Social Security (Northern Ireland) Order 1986. S.I. 1991/765 (N.I. 9). The Statutory Sick Pay (Northern Ireland) Order 1991. Articles 3 and 4.Article 5(1)(a) and (b) and (3) to (5). S.I. 1991/1712 (N.I. 17). The Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991. Article 3.Article 4(1).Article 5.Article 6(1).Articles 7 and 8.Article 9(1).Articles 10 and 11.Articles 13 and 14.Schedule 1.In Schedule 2, paragraphs 2 to 4, 6 to 9 and 11 to 13.In Schedule 3, Part I. S.I.1991/2294 (N.I. 22). The Social Security (Contributions) (Northern Ireland) Order 1991. The whole Order. 1992 c. 6. The Social Security (Consequential Provisions) Act 1992. In Schedule 2, paragraphs 12 to 14.
Section 4.
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in subsection (1)(a), for the words “Article 24 of the Social Security (Northern Ireland) Order 1989” there shall be substituted the words “section 77 of the Social Security Administration (Northern Ireland) Act 1992”; and
in subsection (1A), for the words “paragraph 4(1) of Schedule 4 to the Social Security (Northern Ireland) Order 1989” there shall be substituted the words “section 81(1) of the Social Security Administration (Northern Ireland) Act 1992”.
In section 5(3) of the Employment and Training Act (Northern Ireland) 1950 for the words “paragraph 1 of Schedule 3 to the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ paragraph 1 or 2 of Schedule 3 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992”. In section 5(4) of that Act for the words “the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
In sections 3, 16 and 20 of the Judicial Pensions Act (Northern Ireland) 1951 for the words “National Insurance” there shall be substituted the words “ Social Security”. In section 22(1) of that Act for the definition of “National Insurance Commissioner” there shall be substituted the following definition—.
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In section 10(2)(e) of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 for the words “Article 25 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “ section 101 of the Social Security Administration (Northern Ireland) Act 1992”.
In section 20(2)(a) of the Children and Young Persons Act (Northern Ireland) 1968 for the words “the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
In section 2 of the Social Services (Parity) Act (Northern Ireland) 1971 for the words “section 129(5) of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 145(5) of the Social Security Administration (Northern Ireland) Act 1992”. The Social Security Contributions and Benefits Act 1992. The Social Security Administration Act 1992.
In Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 for the definition of “trade dispute” there shall be substituted the following definition—.
This paragraph and paragraphs 6, 7 and 7A shall have effect as if contained in the Social Security Administration (Northern Ireland) Act 1992. In paragraph 6(1) of that Schedule for head (a) there shall be substituted the following head—.
In section 2(3)(b) of the Social Security (Consequential Provisions) Act 1975 for the words “sections 155 and 156(4) to (6) of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ sections 165 and 166(4), (6) and (11) of the Social Security Administration (Northern Ireland) Act 1992”.
In Schedule 1 to the House of Commons Disqualification Act 1975—
in Part I, for the entry beginning “Chief or other Social Security Commissioner for Northern Ireland” there shall be substituted the following entry— “ Chief or other Social Security Commissioner for Northern Ireland (not including a deputy Commissioner).”;
in Part III, in the entry beginning “Adjudicating medical practitioner” for the words “Part III of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ Part II of the Social Security Administration (Northern Ireland) Act 1992”;
in Part III, in the entry beginning “Member of a Medical Appeal Tribunal for Northern Ireland” for the words “paragraph 2(2) of Schedule 12 to the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 48(2) of the Social Security Administration (Northern Ireland) Act 1992”;
in Part III, for the entry beginning “Member of the panel of chairmen for Social Security Appeal Tribunals for Northern Ireland” there shall be substituted the following entry— “ Member of the panel of chairmen for Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland appointed under section 49(1)(c) of the Social Security Administration (Northern Ireland) Act 1992.”.
In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975—
in Part I, for the entry “Chief or other National Insurance Commissioner for Northern Ireland” there shall be substituted the following entry— “ Chief or other Social Security Commissioner for Northern Ireland (not including a deputy Commissioner)”;
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in Part II, the entry beginning “A Medical Board” shall cease to have effect;
in Part III, at the appropriate place in alphabetical order, there shall be inserted the following entry— “ Adjudicating medical practitioner or specially qualified adjudicating medical practitioner appointed under or by virtue of Part II of the Social Security Administration (Northern Ireland) Act 1992”;
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The Social Security Pensions (Northern Ireland) Order 1975 shall be amended as follows. In Article 2(2)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Article 69(1) for the words “Article 64 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “ section 132 of the Administration Act”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Social Security Contributions and Benefits (Northern Ireland) Act 1992. The Social Security Administration (Northern Ireland) Act 1992.
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In Article 5(2)(e) of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 for the words from “Social Security (Northern Ireland) Act 1975” to the end there shall be substituted the words “ Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
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In sub-paragraph (2) of paragraph 5 of Schedule 1 to the Capital Gains Tax Act 1979—
for the words “section 35 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”; and
for the words “section 37ZA of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
In section 1(4) of the Vaccine Damage Payments Act 1979 for the words “section 57 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 103 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
In Article 2(2) of the Pneumoconiosis, etc. (Workers’ Compensation) (Northern Ireland) Order 1979 after the words “section 76 of the Social Security (Northern Ireland) Act 1975” wherever they occur there shall be inserted the words “ or section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”. In Article 2(3) of that Order for the words “(Northern Ireland) Act 1975” there shall be substituted the words “ Contributions and Benefits (Northern Ireland) Act 1992 or the Social Security Administration (Northern Ireland) Act 1992” and for the words “that Act” there shall be substituted the words “ either of those Acts”. In Article 8 of that Order—
In Article 129C(2)(a) of the Road Traffic (Northern Ireland) Order 1981—
in head (i) for the words “section 35 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”;
in head (iA) for “37ZA” there shall be substituted “ 71”;
in head (iii) for “57” there shall be substituted “ 103” and for “61(1)” there shall be substituted “ 104(1)”.
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In Articles 88 and 98(11) of the Magistrates’ Courts (Northern Ireland) Order 1981 for the words “or Article 25 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “ or section 101 of the Social Security Administration (Northern Ireland) Act 1992”.
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In Article 36(1) of the Social Security (Northern Ireland) Order 1982 for the words from the beginning to “principal Act” there shall be substituted the words “ Section 165(4), (5) and (10) of the Social Security Administration (Northern Ireland) Act 1992”.
In the seventh note to Group 14 of Schedule 5 to the Value Added Tax Act 1983 for the words “section 37ZA of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
In paragraph (b) of sections 74(4) and 89(4) of the Inheritance Tax Act 1984 for the words “section 35 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”. In paragraph (c) of those subsections for the words “section 37ZA of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
In Article 32 of the Industrial Training (Northern Ireland) Order 1984— In Article 33(1) of that Order for the words “Part II of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ the Social Security Contributions and Benefits (Northern Ireland) Act 1992” and for the words “Chapter IV of that Part” there shall be substituted the words “ Part V of that Act”.
In Article 1(9) of the Social Security (Northern Ireland) Order 1985 for the words “Subsections (2) and (3) of section 155 of the principal Act” there shall be substituted the words “ Subsections (4) and (5) of section 165 of the Social Security Administration (Northern Ireland) Act 1992”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Social Security (Northern Ireland) Order 1986 shall be amended as follows. In Article 6(1) for the words from “sections 16(2B)” to “Article 31” there shall be substituted the words “ sections 34(4) and 47(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, paragraph 3(2) of Schedule 7 to that Act and Articles 31 to 31C”. In Article 11(5) for the words “Article 18(5) of that Order” there shall be substituted the words “ section 41(7) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”. In Article 18A(1) for the words “Section 134 of the principal Act” there shall be substituted the words “ Section 155 of the Social Security Administration (Northern Ireland) Act 1992”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Article 53(2) for the words “section 93(1) of the principal Act” there shall be substituted the words “ section 15(1) of the Social Security Administration (Northern Ireland) Act 1992.”. In Article 60(3)(c) for the words “Part III of the principal Act including that Part as extended by Article 53(3)” there shall be substituted the words “ sections 15 to 60 of the Social Security Administration (Northern Ireland) Act 1992”. In Article 81(1) for the words from the beginning to “principal Act” there shall be substituted the words “ Article 71B(1) to (4) of the Pensions Order”. In Article 81 for paragraphs (3) and (4) there shall be substituted the following paragraphs—. In Article 81 for paragraph (8) there shall be substituted the following paragraph—.
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in paragraph (e) after “1982” there shall be inserted the words “or Part XI of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”;
at the end of paragraph (f) there shall be added the words “or Part XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
In Article 13(4)(e) of the Social Security (Northern Ireland) Order 1988 for the words “principal Act” there shall be substituted the words “ Social Security Administration (Northern Ireland) Act 1992”. In Article 13(7) of that Order for the words “Section 156(1) of the principal Act” there shall be substituted the words “ Section 166(1) of the Social Security Administration (Northern Ireland) Act 1992”. In Article 15 of that Order for the words “Articles 4, 7, 8, 10 and 11” there shall be substituted the words “ Article 10”. In Article 15A(1) of that Order for the words “Section 155(1) to (3A) of the principal Act” there shall be substituted the words “ Section 171(2) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”. In Article 15A(2) of that Order after “1(3)” there shall be inserted “ and 13”.
In Article 8(7) of the Social Security (Northern Ireland) Order 1989 for the words “section 104 of the principal Act” there shall be substituted the words “ section 23 of the Social Security Administration (Northern Ireland) Act 1992”. In Article 8(9) of that Order— In Article 30(1) of that Order for the words “subsections (1) to (3A) of section 155 of the principal Act” there shall be substituted the words “ section 171(2) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
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section 22(6)(a);
section 36(4)(a),
In Article 20 of the Social Security (Northern Ireland) Order 1990 for the words from “Articles 6” to “and 16” there shall be substituted the words “ paragraph 16”. In Article 21(1) of that Order for the words “subsections (1) to (3A) of section 155 of the principal Act” there shall be substituted the words “ section 171(2) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”. In Schedule 6 to that Order in paragraph 6(12)(b) for the words “section 156(1) of the principal Act” there shall be substituted the words “ section 166(1) of the Social Security Administration (Northern Ireland) Act 1992 or section 172(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”. In paragraph 16(3) of that Schedule for the words “section 104 of the principal Act” there shall be substituted the words “ section 23 of the Social Security Administration (Northern Ireland) Act 1992”. In paragraph 16(5) of that Schedule for the words “Subsection (4) of section 104 of the principal Act” there shall be substituted the words “ Section 26 of the Social Security Administration (Northern Ireland) Act 1992”.
Section 5.
A question other than a question arising under any of sections 1 to 3 of the Administration Act— and any other question not arising under any of those sections with respect to benefit or contributions in respect of such a time is to be determined, subject to section 66 of the Administration Act, in accordance with provisions in force or deemed to be in force at that time. Subject to sub-paragraph (1) above, theconsolidating Acts apply to matters arising before their commencement as to matters arising after it.
The repeal by this Act of an enactment previously repealed subject to savings (whether or not in the repealing enactment) does not affect the continued operation of those savings.
Any document made, served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Acts.
The repeal by this Act of a provision providing for or relating to the coming into force of a provision reproduced in the consolidating Acts does not affect the operation of the first provision, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.
Where immediately before 1st July 1992 the Department of Health and Social Services for Northern Ireland (hereafter in this Schedule referred to as “the Department”) has power under any provision of the Social Security (Northern Ireland) Acts 1975 to 1991 not reproduced in the consolidating Acts by regulations to make provision or savings in preparation for or in connection with the coming into force of a provision repealed by this Act but reproduced in the consolidating Acts, the power shall be construed as having effect in relation to the provision reproducing the repealed provision.
The repeal by this Act of a power by regulations to make provision or savings in preparation for or in connection with the coming into force of a provision reproduced in the consolidating Acts does not affect the power, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.
Without prejudice to any express provision in the consolidating Acts, where this Act repeals any provision contained in any enactment by virtue of any order or regulations and the provision is reproduced in the consolidating Acts, the Department shall have the like power to make orders or regulations repealing or amending the provision of the consolidating Acts which reproduces the effect of the repealed provision as the Department had in relation to that provision. Sub-paragraph (1) above applies to a repealed provision which was amended by Schedule 7 to the Social Security (Northern Ireland) Order 1989 as it applies to a provision not so amended.
An order which is made under any of the repealed enactments after the passing of this Act and which amends any of the repealed enactments shall have the effect also of making a corresponding amendment of the consolidating Acts.
In this Part of this Schedule—
“the 1973 Act” means the Social Security Act 1973;
“the 1986 Order” means the Social Security (Northern Ireland) Order 1986.
“the 1975 Act” means the Social Security (Northern Ireland) Act 1975;
“the 1975 Act” means the Social Security (Northern Ireland) Act 1975;
“the former Consequential Provisions Act” means the Social Security (Consequential Provisions) Act 1975; and
“the former Consequential Provisions Act” means the Social Security (Consequential Provisions) Act 1975; and
“the 1986 Order” means the Social Security (Northern Ireland) Order 1986.
The repeal by this Act of any provision contained in the 1975 Act or any enactment amending such a provision does not affect the operation of that provision by virtue of Article 2(3) of the Social Security Pensions (Northern Ireland) Order 1975.
The repeal by this Act of Article 19(1) of the 1986 Order (which substituted in any statutory provision a reference to a basic pension for any reference to the basic component of a long-term benefit and a reference to an additional pension for any reference to an additional component of such a benefit) does not affect the construction of any statutory provision amended by that paragraph.
Regulations may provide that, in relation to— the Contributions and Benefits Act and the Administration Act (so far as they represent provisions of the 1973 Act) shall have effect subject to such modifications as may be prescribed with a view to securing continuity of the law.
persons who ceased by virtue of paragraph 2 of Schedule 3 to the former Consequential Provisions Act to be insured under the 1966 Act,
persons to or in respect of whom benefit under that Act was, or but for a disqualification or forfeiture would have been, payable immediately before 6th April 1975, and
persons who had a prospective right to, or expectation of, any benefit under that Act immediately before that day,
Without prejudice to the generality of the powers conferred by paragraph 12 above, regulations under that paragraph may in particular provide for the taking into account, for such purposes and in such manner and subject to such conditions as may be prescribed, of contributions paid or credited or deemed to be, or treated as, paid or credited under the 1966 Act or the National Insurance Act (Northern Ireland) 1946 or any enactment repealed by that Act.
Regulations may provide that the Contributions and Benefits Act and the Administration Act (so far as they represent the 1973 Act) and this Part of this Schedule (except this paragraph) shall have effect subject to prescribed modifications in relation to persons who attained the age of 16 before 6th April 1975 and who, immediately before that day, were not insured under the 1966 Act.
Notwithstanding any repeal effected by the 1973 Act, provision may be made by regulations for continuing in force, with or without prescribed modifications, such provisions of the 1966 Act or any other enactments specified in the third column of Schedule 28 to the 1973 Act (repeals) as the Department considers appropriate for the purpose of preserving rights to benefit under that Act or those enactments in those cases (if any) in which in its opinion adequate alternative rights to benefit under the Contributions and Benefits Act are not conferred in pursuance of paragraph 12 above, or for temporarily retaining the effect of those provisions for transitional purposes.
In the foregoing provisions of this Part of this Schedule, any reference to benefit under the 1966 Act includes a reference to such other benefit, pension or allowance as is mentioned in paragraph 17(2)(b) of Schedule 9 to that Act (pre-1948 beneficiaries).
Any instrument (except regulations, an Order in Council or another order) and any appointment which is in force immediately before 1st July 1992 and was made or has effect as if made under an enactment repealed by the 1973 Act shall, in so far as a corresponding instrument or appointment is capable of being made under any provision of the Contributions and Benefits Act or the Administration Act representing a provision in the 1973 Act, be deemed to be so made except to the extent that regulations otherwise provide. A reference in any document to an enactment repealed and re-enacted by the 1973 Act with or without modifications shall, in so far as the context permits, be construed as a reference to the Contributions and Benefits Act or, as the case may be, the Administration Act or to the corresponding enactment therein.
In determining a woman’s right— for any period after 25th February 1962, or her right on her re-marriage after that date to a gratuity under section 67 of the 1975 Act, her cohabitation with a man at any time after the deceased’s death but before that date shall be disregarded; but a right to benefit arising by virtue of this paragraph shall not, under Schedule 9 to that Act or Schedule 7 to the Contributions and Benefits Act, affect the right of any other persons to benefit awarded before that date.
to a pension or allowance in respect of a deceased person under section 67, 68, 71, 72 or 73 of the 1975 Act; or
to a pension in respect of a deceased person under paragraph 15 or 16 of Schedule 7 to the Contributions and Benefits Act,
The Department may by regulations provide for the payment of prescribed amounts in prescribed circumstances to persons who immediately before the repeal of sections 71 to 73 of the 1975 Act were entitled to any benefit by virtue of any of those sections, but in determining the amount which is to be payable in any case or class of cases the Department may take into account— In this paragraph “prescribed” means specified in or determined in accordance with regulations.
For the purposes— section 64 of the Contributions and Benefits Act shall have effect as if the following subsection were substituted for subsection (3)— .
of any determination following a claim made before 1st April 1988,
of any review following an application made before that date,
of any review following a decision to conduct a review made before that date,
Any expenses of the Department or the Department of the Environment for Northern Ireland in making payments to persons falling within sub-paragraph (2) or (3) below may be paid out of money appropriated by Measure. A person falls within this sub-paragraph if— A person falls within this sub-paragraph if he was entitled to any one or more of the former housing-related benefits in respect of a qualifying week but either— In this paragraph— For the purposes of this paragraph—
The Department may make such regulations as appear to it necessary or expedient in relation to the substitution of disability living allowance for attendance allowance and mobility allowance and the dissolution of the Attendance Allowance Board for Northern Ireland. Without prejudice to the generality of this paragraph, regulations under this paragraph — Regulations under this paragraph may provide that any provision to which this sub-paragraph applies— Sub-paragraph (3) above applies—
Regulations under this Part of this Schedule shall be made by the Department. Powers under this Part of this Schedule to make regulations are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. Any power conferred by this Part of this Schedule to make regulations may be exercised— The powers to make regulations conferred by any provision of this Part of this Schedule other than paragraph 21 above include powers to make thereby such incidental, supplementary, consequential or transitional provision as appears to the Department to be expedient for the purposes of the regulations. A power conferred by this Part of this Schedule to make regulations includes power to provide for a person to exercise a discretion in dealing with any matter. If the Department of Finance and Personnel in Northern Ireland so directs, regulations under this Part of this Schedule shall be made only in conjunction with that Department. Regulations under this Part of this Schedule shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act. Sub-paragraphs (12) and (13) of paragraph 6 of Schedule 6 to the Social Security (Northern Ireland) Order 1990 shall apply to regulations under this Part of the Schedule as they apply to regulations under the benefit Acts.
Section 6.
If— then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect until the appointed day. Provision Paragraph of this Schedule Paragraph 5(1)(b) of Schedule 8 to the Social Security (Northern Ireland) Order 1986. Paragraph 3. The repeal in Schedule 10 to the Social Security (Northern Ireland) Order 1986 of section 129(6) of the Social Security (Northern Ireland) Act 1975. Paragraph 14. The repeal in Schedule 10 to the Social Security (Northern Ireland) Order 1986 of a reference in paragraph 31 of Schedule 3 to the Social Security (Consequential Provisions) Act 1975. Paragraph 15. The repeal in Schedule 10 to the Social Security (Northern Ireland) Order 1986 of the words “Subject to paragraph (5A),” in Article 8(5) of the Social Security Pensions (Northern Ireland) Order 1975. Paragraph 2. Article 28 of the Social Security (Northern Ireland) Order 1989. Paragraph 11. Paragraph 8(8) of Schedule 1 to the Social Security (Northern Ireland) Order 1989. Paragraphs 9 and 10. Article 11 of the Social Security (Northern Ireland) Order 1990. Paragraph 4. Article 19(1) of the Social Security (Northern Ireland) Order 1990. Paragraph 12. Article 19(2) of the Social Security (Northern Ireland) Order 1990. Paragraph 13. Article 19(3) of the Social Security (Northern Ireland) Order 1990. Paragraph 5. Article 19(4) of the Social Security (Northern Ireland) Order 1990. Paragraph 6. Section 17(8) of the Social Security Act 1990. Paragraph 7. Section 17(9) of the Social Security Act 1990. Paragraph 8. If— then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the relevant appointed day. In this paragraph “the appointed day” means— An order under sub-paragraph (3) above—
At the beginning of subsection (6) of section 44 of the Contributions and Benefits Act there shall be inserted the words “ Subject to subsection (7A) below”.
The following subsection shall be inserted after subsection (7) of that section—.
In section 131 of that Act subsections (3) and (4) shall be omitted.
In paragraph 6 of Schedule 1 to that Act sub-paragraphs (2) to (4) shall be omitted.
The Inland Revenue shall, at such times, and in such manner as the Department of Finance and Personnel may direct, account to the Department for, and pay to it, the sums estimated by the Inland Revenue, in such manner as may be so directed, to have been received by them as contributions in accordance with regulations made by virtue of this paragraph.
Section 88(1), (4) and (5)(a) and (b) of the Taxes Management Act 1970 (interest on tax recovered to make good loss due to taxpayer’s fault) shall apply in relation to any amount due in respect of Class 4 contributions as it applies in relation to income tax; but section 86 of that Act (interest on amounts overdue) shall not apply.
Paragraph 6(2) of that Schedule shall be omitted.
The reference in sub-paragraph (11) above to a person who has retired from regular employment includes a reference to—
The reference in sub-paragraph (1) above to a person who has retired from regular employment includes a reference to—
Section 99 of the Administration Act shall be omitted.
In section 142 of that Act subsection (4) shall be omitted.
In section 143 of that Act subsection (5) shall be omitted.
The following subsection shall be inserted at the end of section 144 of that Act—.
In Schedule 3 to this Act—
in the heading before paragraph 18 for the words “provision derived from” there shall be substituted the words “ provisions derived from paragraph 18 of Schedule 3 to former Consequential Provisions Act, and”; and
the following paragraph shall be inserted after that heading—.
In the application of subsection (2) of section 128 of the Contributions and Benefits Act to claims made or treated as made before the first day in respect of which disability living allowance is payable paragraph (b) of that subsection shall have effect as if the following sub-paragraph were substituted for sub-paragraph (ii)—.