| Statutory Rules of Northern Ireland 1999 No. 162 The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 - continued |
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Child benefit 1. A decision of the Department as to whether an educational establishment be recognised for the purposes of Part IX of the Contributions and Benefits Act. 2. A decision of the Department to recognise education provided otherwise than at a recognised educational establishment. 3. A decision of the Department made in accordance with the discretion conferred on it by regulations 2(2)(c)(iii) and 7(3) of the Child Benefit (Residence and Persons Abroad) Regulations (Northern Ireland) 1976[49]. 4. A decision of the Department made in accordance with the discretion conferred on it by regulation 2(1) or (3) of the Child Benefit (General) Regulations (Northern Ireland) 1979[50]. Claims and payments 5. A decision of the Department under the Claims and Payments Regulations except a decision under the following provisions of those Regulations -
(b) regulation 36AB[52] as to the payment of withheld benefit; (c) regulation 37 as to the extinguishment of the right to payment of sums by way of benefit where payment is not obtained within the prescribed period; and (d) the following provisions of Schedule 8A[53] and regulation 34A(1)[54] in so far as it relates to them -
(ii) paragraph 4 relating to the amount of miscellaneous housing costs payable direct to a third party, (iii) paragraph 4A[55] relating to the direct payment to a third party of benefit payable to or in respect of persons resident in hostels, (iv) paragraph 5 relating to payments of benefit direct to the claimant's or his partner's landlord, (v) paragraph 6 relating to the payment out of benefit of fuel costs, (vi) paragraph 7 relating to the payment out of benefit of rates, (vii) paragraph 7A[56] in connection with amounts payable in place of child support maintenance, (viii) paragraph 7B[57] as to whether an amount in respect of arrears of child support maintenance is to be deducted from a person's jobseeker's allowance, and (ix) paragraph 9(3)[58] as to the priority between liabilities for items of gas or electricity.
Contracted-out pension schemes
(b) disablement pension be further increased under section 105 of that Act,
and if an increase is to be granted or renewed, the period for which and the amount at which it is payable.
(b) regulation 4(1) as to the overpayment of an interim payment; (c) regulation 5 as to the offsetting of a prior payment against a subsequent award; (d) regulation 11(1) as to whether a payment in excess of entitlement has been credited to a bank or other account; (e) regulation 13 as to the sums to be deducted in calculating recoverable amounts; (f) regulation 14(1) as to the treatment of capital to be reduced; (g) regulation 19 determining a claimant's protected earnings; and (h) regulation 24 whether a determination as to a claimant's protected earnings is revised or superseded.
Persons abroad
(b) regulation 9(4) or (5) of those Regulations whether to allow a person to avoid disqualification for receiving benefit during a period of temporary absence from Northern Ireland longer than that specified in that regulation.
Reciprocal agreements Legal qualifications 1. Persons who are barristers or solicitors. Medical qualifications 2. - (1) Fully registered medical practitioners, where -
(b) the practitioner holds a vocational training certificate or a certificate of acquired rights in an EEA State other than the United Kingdom which shall in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of an enforceable community right; or (c) the practitioner does not satisfy the requirements of head (a) or (b), but has not less than 10 years experience in clinical practice, or as a medical analyst or research worker in disciplines which are the same or similar to those undertaken by practitioners to whom those heads apply.
(2) In this paragraph -
Financial qualifications
(b) the Institute of Chartered Accountants in Scotland; (c) the Institute of Chartered Accountants in Ireland; (d) the Association of Chartered Certified Accountants; (e) the Chartered Institute of Management Accountants; or (f) the Chartered Institute of Public Finance and Accountancy.
Disability qualifications
(b) because they are themselves disabled.
(This note is not part of the Regulations.) These Regulations are made by virtue of, or in consequence of, provisions of the Social Security (Northern Ireland) Order 1998 ("the Order") and supplement changes introduced by that Order to the decision-making process for social security and related matters. The Regulations also provide for the procedural rules and other requirements of a new unified appeals system introduced by the Order for social security, contracting-out of pensions and child support. Part I contains provisions relating to the citation, commencement and interpretation of the Regulations and the service of notices or documents. Part II makes provision for decisions by the Department of Health and Social Services in social security and related matters. Chapters I and II provide for the circumstances in which the Department may revise or supersede decisions, when such decisions take effect and related procedural rules. Chapter III contains miscellaneous provisions relating to decisions of the Department in social security, including certain relevant requirements formerly contained in regulations now being revoked and provision in relation to industrial injuries benefit enabling the Department to seek advice from a medical practitioner. Part III makes provision for the suspension and termination of benefit and for dealing with decisions where there are related appeals or decisions. Part IV concerns rights of appeal and the procedure for bringing appeals. Chapter I makes provision for additional persons to have a right of appeal, for decisions (other than those in the Order) against which there is no right of appeal and decisions where there is a right of appeal. It also provides procedural rules for bringing appeals. Chapter II provides for general appeals matters including those relating to child support. Part V makes provision for appeal tribunals for social security, contracting-out of pensions and child support. Chapter I provides for the panel from which appeal tribunal members are drawn to include people with specified qualifications, for requirements relating to the composition of appeal tribunals and the assignment of clerks to tribunals. Chapter II makes provision for procedural requirements in the determination of appeals and referrals (including withdrawal of appeals and referrals), medical examinations and witnesses. Chapter III provides for the striking out of certain appeals and related procedures. Chapter IV provides for procedures at oral hearings. Chapter V makes provision relating to the decisions of appeal tribunals and applications for leave to appeal to a Social Security Commissioner. Part VI provides for revocations. Articles 7(3), 8(6), 10(1), (4) and (6), 11(3) and (6), 12(1), 13(2), (3), (6) and (7), 15(10)(a) and (11), 16(1), 17, 18(1), 20, 21(1) to (3), 22 to 24, 25(3)(b) and (5)(c), 26(6)(c), 28(1) and 31(2) of, and paragraphs 7, 11 and 12 of Schedule 1, paragraph 9 of Schedule 2, paragraphs 1, 4 and 9 of Schedule 3 and Schedule 4 to, the Order, some of the enabling provisions under which these Regulations are made, were brought into operation, for the purpose only of authorising the making of regulations on 10th March 1999, by virtue of the Social Security (1998 Order) (Commencement No. 4) Order (Northern Ireland) 1999 (S.R. 1999 No. 102 (C. 13)). As these Regulations are made by virtue of, or are consequential upon, provisions of the Order and are made before the end of the period of 6 months from the commencement of those provisions, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from prior reference to the Social Security Advisory Committee. Notes: [49] S.R. 1976 No. 227, to which there are amendments not relevant to these regulationsback [50] S.R. 1979 No. 5, to which there are amendments not relevant to these regulationsback [51] Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156 and amended by S.R. 1997 No. 417back [52] Regulation 36AB was inserted by regulation 2(6) of S.R. 1994 No. 345back [53] Schedule 8A was inserted by the Schedule to S.R. 1988 No. 67back [54] Regulation 34A was inserted by regulation 2(2) of S.R. 1988 No. 67 and amended by S.R. 1988 Nos. 141 and 369, S.R. 1989 No. 398 and S.R. 1992 No. 271back [55] Paragraph 4A was inserted by regulation 6(7)(d) of S.R. 1991 No. 488 and amended by S.R. 1996 No. 354back [56] Paragraph 7A was inserted by regulation 2(3) of S.R. 1993 No. 146 and amended by S.R. 1996 No. 65back [57] Paragraph 7B was inserted by regulation 2(8)(b) of S.R. 1996 No. 432back [58] Paragraph 9(3) was inserted by regulation 2(8)(d)(ii) of S.R. 1996 No. 432back [59] Section 105 was amended by Article 55 of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))back [60] O.J. No. L149/2, 5.7.1971 (O.J./S.E. 1971 (II) p. 416)back [61] Section 156 was amended by paragraph 49 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and paragraph 8 of Schedule 3 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))back [62] S.R. 1975 No. 98, to which there are amendments not relevant to these regulationsback [63] S.R. 1986 No. 340, to which there are amendments not relevant to these regulationsback [64] S.R. 1984 No. 92; relevant amending regulations are S.R. 1986 No. 340back [65] S.R. 1992 No. 32, to which there are amendments not relevant to these regulationsback [66] S.R. 1988 No. 142; relevant amending regulations are S.R. 1992 No. 6, S.R. 1993 No. 175 and S.R. 1996 No. 289back [67] S.R. 1978 No. 114; relevant amending regulations are S.R. 1983 No. 36, S.R. 1984 No. 317, S.R. 1986 No. 340, S.R. 1994 No. 45 and S.R. 1995 No. 150back [68] Section 155 was amended by paragraph 48 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995back [69] Section 74 was amended by paragraph 186 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) and Article 33(2) of, and paragraph 34 of Schedule 2 to, the Jobseekers (Northern Ireland) Order 1995back [70] Cm. 2183 and O.J. No. L1, 3.1.1994, p. 572back [71] O.J. No. L165, 7.7.1993, p. 1back [72] O.J. No. L921, 24.10.1997, p. 35back
ISBN 0 337 93475 4
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