Office of Public Sector Information
SCHEDULE 2 continued
17 (1) In Article 17(1)(a) of the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977 after the words “Pensions Order” there shall be inserted the words “or section 130 of the Social Security Administration (Northern Ireland) Act 1992”.
(2) In Article 17 of that Order for paragraph (3) there shall be substituted the following paragraph—
“(3) In this Article—
“earner” and “earnings” are to be construed in accordance with sections 3, 4 and 112 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“earnings factors” is to be construed in accordance with sections 22 and 23 of that Act;
“tax year” has the meaning assigned to it by section 121(1) of that Act,
and expressions used in Part IV of the Pensions Order have the same meanings as in that Part.”.
(3) In Article 19 of that Order for paragraphs (1) and (2) there shall be substituted the following paragraphs—
“(1) Section 165(4), (5) and (10) of the Social Security Administration (Northern Ireland) Act 1992 shall have effect as if references to that Act included references to this Order.
(2) A power under any of sections 116 to 119 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or sections 153 to 155 of the Social Security Administration (Northern Ireland) Act 1992 to make provision by regulations or order for modifications or adaptations of those Acts shall be exercisable in relation to any provision in this Order.”.
(4) In Article 20 of that Order for the words “Subsection (5) of section 129 of the principal Act” there shall be substituted the words “Section 145(5) of the Social Security Administration (Northern Ireland) Act 1992” and for the words “subsection (3)(a) of that section” there shall be substituted the words “section 143(2)(a) of that Act”.
18 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”.
19 The following Article shall be inserted after Article 25 of the Rent (Northern Ireland) Order 1978—
25A In order to assist the Executive to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, where a rent is registered under this Part, there shall be noted on the register the amount (if any) of the registered rent which, in the opinion of the rent officer or rent assessment committee, is fairly attributable to the provision of services, except any amount which is negligible in the opinion of the officer or, as the case may be, the committee.”.
20 In sub-paragraph (2) of paragraph 5 of Schedule 1 to the Capital Gains Tax Act 1979—
(a) 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
(b) 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”.
21 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”.
22 (1) 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”.
(2) 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”.
(3) In Article 8 of that Order—
(a) for the words “Section 94 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “Section 16 of the Social Security Administration (Northern Ireland) Act 1992”;
(b) for the words “section 93(1)” and “section 94” there shall be substituted the words “section 15(1)” and “section 16” respectively.
23 In Article 129C(2)(a) of the Road Traffic (Northern Ireland) Order 1981—
(a) 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”;
(b) in head (iA) for “37ZA” there shall be substituted “71”;
(c) in head (iii) for “57” there shall be substituted “103” and for “61(1)” there shall be substituted “104(1)”.
24 In Part I of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 in paragraph 3(g) 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”.
25 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”.
26 (1) In Article 6(2) of the Forfeiture (Northern Ireland) Order 1982 for the words “section 115 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “section 57 of the Social Security Administration (Northern Ireland) Act 1992”.
(2) In Article 6(4) of that Order for the words “Section 155(2) to (3A) of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “Section 171(3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(3) In Article 6(5) of that Order for the words “(Northern Ireland) Act 1975” there shall be substituted the words “Administration (Northern Ireland) Act 1991” and the following entry shall be added after the entry relating to the Social Security (Northern Ireland) Acts 1975 to 1992—
“The Social Security Contributions and Benefits (Northern Ireland) Act 1992,”.
27 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”.
28 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”.
29 (1) 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”.
(2) 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”.
30 (1) In Article 32 of the Industrial Training (Northern Ireland) Order 1984—
(a) in paragraph (1) for the words “Chapter IV of Part II of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “Part V of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” and for the words “sections 52 to 54” there shall be substituted the words “sections 98 to 100”;
(b) in paragraph (2) for the words “section 52” there shall be substituted the words “section 98”;
(c) in paragraph (3) for the words “section 53” there shall be substituted the words “section 99”;
(d) in paragraph (4) for the words “section 54” there shall be substituted the words “section 100”.
(2) 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”.
31 (1) 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”.
(2) At the end of paragraph (1) of Article 7 of that Order there shall be added the words “or
(c) of Part VI of the Social Security Administration (Northern Ireland) Act 1992.”.
(3) In Article 7(2) of that Order for the words “Section 155 of the principal Act” there shall be substituted the words “Article 71B of the Pensions Order” and for the words “that Act” there shall be substituted the words “that Order”.
32 (1) The Social Security (Northern Ireland) Order 1986 shall be amended as follows.
(2) 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”.
(3) 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”.
(4) 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”.
(5) In Article 26(1)(c) for the words “Article 25(3)” there shall be substituted the words “section 101(3) of the Social Security Administration (Northern Ireland) Act 1992”.
(6) At the end of Article 26 there shall be added the following paragraph—
“(7) Subsections (6) and (7) of section 74 of the Social Security Administration (Northern Ireland) Act 1992 shall have effect for the purposes of this Article as they have effect for the purposes of that section.”.
(7) 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.”.
(8) 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”.
(9) 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”.
(10) In Article 81 for paragraphs (3) and (4) there shall be substituted the following paragraphs—
“(3) Regulations under Article 7(15)(a), and regulations made by the Department and contained in a statutory rule which includes any such regulations, shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.
(4) Regulations and orders made by the Department under this Order, other than those to which paragraph (3) applies and orders under Article 1, shall be subject to negative resolution.”.
(11) In Article 81 for paragraph (8) there shall be substituted the following paragraph—
“(8) Sections 171(10) and 172(9) to (11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 shall apply to regulations under Article 79(6) as they apply to regulations under section 116(3) of that Act.”.
33 (1) Section 617 of the Income and Corporation Taxes Act 1988 shall be amended as follows.
(2) In subsection (1) for the words “Chapters I to III of Part II of the Social Security (Northern Ireland) Act 1975 or Part III of the Social Security Pensions (Northern Ireland) Order 1975” there shall be substituted the words “or Parts II to IV of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(3) In subsection (2)—
(a) in paragraph (a) 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”; and
(b) in paragraph (aa) for the words “section 70 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “paragraph 18 of Schedule 7 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(4) In subsection (3)(b) for the words “(Northern Ireland) Act 1975” there shall be substituted the words “Contributions and Benefits (Northern Ireland) Act 1992”.
(5) In subsection (4) for the words “the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “Part I of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(6) In subsection (5) for the words “subsection (2) of section 9 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “subsection (3) of section 15 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
34 In Article 9(1) of the Wages (Northern Ireland) Order 1988—
(a) 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”;
(b) 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”.
35 (1) 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”.
(2) 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”.
(3) In Article 15 of that Order for the words “Articles 4, 7, 8, 10 and 11” there shall be substituted the words “Article 10”.
(4) 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”.
(5) In Article 15A(2) of that Order after “1(3)” there shall be inserted “and 13”.
36 (1) 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”.
(2) In Article 8(9) of that Order—
(a) for the words from the beginning to “principal Act” there shall be substituted the words “Section 26 of the Social Security Administration (Northern Ireland) Act 1992 (appeals from reviews)”; and
(b) for the words “that section” there shall be substituted the words “section 23 of that Act”.
(3) 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”.
37 In paragraph 6 of Schedule 4 to the Insolvency (Northern Ireland) Order 1989 for the words “the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
38 In the following provisions of the Capital Allowances Act 1990—
(a) section 22(6)(a);
(b) section 36(4)(a),
for the words “Social Security (Northern Ireland) Act 1975” there shall be substituted the words “Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
39 (1) 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”.
(2) 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”.
(3) 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”.
(4) 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”.
(5) 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”.
Social Security (Consequential Provisions) (Northern Ireland) Act 1992