- Act
includes an Act of the Northern Ireland Assembly.
- adjudicating authority
means— • “benefit” means— • “the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in England and Wales, the Supreme Court or the Court of Justice of the European Union;
- adjudicating medical practitioner
means, in relation to any case, one such practitioner, unless regulations applicable to cases of that description provide for references to more than one.
- alteration
means— (a) in relation to any component of a jobseeker’s allowance, its alteration by or under any enactment;
- appeal tribunal
has the same meaning as in Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (decisions, etc.).
- applicable sums
means sums to which an order made under section 132, 132A, 132B or 133 above corresponding to an order made under section 150, 150A, 151A or 152 (as the case may be) of the Great Britain Administration Act may apply;
- arrangements for the redirection of postal packets
means arrangements made with the postal operator concerned for the delivery of postal packets to addresses other than those indicated by senders on the packets.
- authorised officer
means a person acting in accordance with any authorisation for the purposes of this Part which is for the time being in force in relation to him.
- authorised person
means a person authorised to exercise any function by virtue of any provision made by or under this section;
- authorities
means a Northern Ireland department and any other body established by or under a statutory provision;
- benefit
means a jobseeker’s allowance or any benefit under the Contributions and Benefits Act except child benefit and, subject to regulations under subsection (2) below, the “relevant benefits” are such of those benefits as may be prescribed for the purposes of this Part of this Act;
- benefit offence
means - (a) any criminal offence in connection with a claim for a relevant social security benefit;
- benefit policy information
means any information which may be relevant to the Department or the Secretary of State—
- bereavement benefit
means—
- certificate of deduction
means a certificate given by the compensator specifying the amount which he has deducted and paid to the Department in pursuance of section 78 below;
- certificate of total benefit
means a certificate given by the Department in accordance with this Part of this Act;
- child
means a person under the age of 16. • “child maintenance”, “spousal maintenance” and “relevant income” have such meaning as may be prescribed;
- Christmas bonus
means a payment under Part X of the Contributions and Benefits Act;
- claimant
(in relation to industrial injuries benefit) means a person who has claimed such a benefit and includes— (a) an applicant for a declaration under Article 29 of the Social Security (Northern Ireland) Order 1998 that an accident was or was not an industrial accident;
- Class 1 contributions
includes any interest or penalty in respect of Class 1 contributions);
- Commissioner
means the Chief Social Security Commissioner or any other Social Security Commissioner and includes a tribunal of 2 or more Commissioners constituted under Article 16(7) of the Social Security (Northern Ireland) Order 1998;
- communications data
has the same meaning as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act);
- compensation payment
means any payment falling to be made (whether voluntarily, or in pursuance of a court order or an agreement, or otherwise)— (a) to or in respect of the victim in consequence of the accident, injury or disease in question, and (b) either— (i) by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of that accident, injury or disease;
- compensation scheme for motor accidents
means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to have been caused, by uninsured or unidentified persons;
- competent authority
means, in relation to a payment of any description of a qualifying benefit, an authority that ordinarily determines whether a person is entitled to such a payment.
- competent tribunal
means—
- conduct
includes acts, omissions and statements;
- connected
means relating to the same victim and the same accident, injury or disease.
- Consolidated Fund
means the Consolidated Fund of Northern Ireland;
- contribution
means a contribution under Part I of the Contributions and Benefits Act;
- contribution card
has the meaning assigned to it by section 108(6) above;
- contributions
includes any interest or penalty in respect of contributions (and accordingly, in the definition of “the Class 1 element” given by this subsection, “Class 1 contributions” includes any interest or penalty in respect of Class 1 contributions);
- contributory employment and support allowance
means a contributory allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);
- couple
has the meaning given by section 133(1) of the Contributions and Benefits Act;
- credit
includes a cash loan or any form of financial accommodation, including the cashing of a cheque;
- designated authority
means such of the following as may be specified— (a) a Northern Ireland department;
- document
means anything in which information of any description is recorded.
- dwelling
means any residential accommodation, whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;
- employee
means any person who— (a) is employed under a contract of service or apprenticeship, or in an office (including an elective office), or (b) carries out any work under any contract under which he has undertaken to provide his work, and “employment” shall be construed accordingly;
- employer
has the same meaning as it has in Part XI of the Contributions and Benefits Act.
- estimated
means estimated by the Inland Revenue in any manner which the Inland Revenue consider to be appropriate and which the Treasury has approved.
- expert
means a person appearing to the authority to have knowledge or experience which would be relevant in determining the question of special difficulty.
- family
means— (a) a couple;
- income-related benefit
means— • "income-related employment and support allowance" means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);
- income-related employment and support allowance
means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);
- industrial injuries benefit
means benefit under Part V of the Contributions and Benefits Act...;
- Inland Revenue
means the Commissioners of Inland Revenue;
- Inland Revenue power
means any power conferred on an officer of the Inland Revenue by virtue of section 104ZA above or by virtue of an authorisation granted under section 103A or 104A above.
- inspector
means (except in subsection (8) above) an inspector appointed under section 104A above;
- insurer
means— (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance;
- international organisation
means an organisation of which—
- interview
means a work-focused interview within the meaning of section 2A above.
- lone parent
means a person who—
- maintenance order
means an order for the making of periodical payments under any statutory provision prescribed for the purposes of this subsection.
- medical examination
includes bacteriological and radiographical tests and similar investigations, and “medically examined” has a corresponding meaning;
- medical practitioner
means— • “medical treatment” means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references to a person receiving or submitting himself to medical treatment are to be construed accordingly;
- medical treatment
means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references to a person receiving or submitting himself to medical treatment are to be construed accordingly;
- National Insurance Fund
means the Northern Ireland National Insurance Fund;
- occupational pension scheme
has the same meaning as in section 1 of the Pensions Act;
- overpayment
means— and the reference in subsection (1)(a) or (1A)(b) above to the making of the overpayment is to the making of the payment, the failure to receive the sum, the payment of benefit in excess of entitlement or the allowing of an excess of benefit.
- partner
means a person who is a member of the same couple as the claimant;
- payment
means payment in money or money’s worth, and cognate expressions shall be construed accordingly;
- pensionable age
has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995;
- personal liability notice
has the meaning given by subsection (2) of that section;
- personal pension scheme
has the meaning assigned to it by section 1 of the Pensions Actand “appropriate”, in relation to such a scheme, shall be construed in accordance with section 3B(6) of that Act;
- postal operator
has the same meaning as in the Investigatory Powers Act 2016 (see section 262 of that Act);
- postal packet
has the same meaning as in that Part.
- premises
includes—
- prescribe
means prescribe by regulations and “prescribed” must be construed accordingly;
- prescribed
means specified in, or determined in accordance with, regulations;
- President
means the President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals;
- private tenants
means tenants under any tenancy except— (a) a tenancy under which the estate of the landlord belongs to— (i) the Housing Executive;
- registered housing association
means a housing association registered in the register maintained under Part II of the Housing (Northern Ireland) Order 1992.
- regulations
means regulations made by the Department or the Lord Chancellor under this Act;
- relevant amounts
has the meaning given by subsection (1)(b) above.
- relevant authority
means—
- relevant benefit
means housing benefit or any other benefit prescribed for the purposes of this section;
- relevant benefit component
means— (a) the mobility component of disability living allowance, if it is payable at the higher rate (see section 73(11)(a) of the Contributions and Benefits Act), or (b) the mobility component of personal independence payment, if it is payable at the enhanced rate (see Article 84(2) of the Welfare Reform (Northern Ireland) Order 2015);
- relevant contributions
means Class 1, Class 1A, Class 1B or Class 2 contributions.
- relevant deduction
means the deduction required to be made from the compensation payment in question by virtue of the recoupment provisions;
- relevant enactment
means any enactment contained in—
- relevant function
means any function conferred by virtue of section 2A, 2C or 5A above.
- relevant information
means any information held by the Department or any authorities in a country outside the United Kingdom for the purposes of any functions relating to, or to anything corresponding to or in the nature of, a social security benefit.
- relevant legislation
means—
- relevant payment
means the payment required to be made to the Department by virtue of the recoupment provisions;
- relevant period
means— (a) in the case of a disease, the period of 5 years beginning with the date on which the victim first claims a relevant benefit in consequence of the disease;
- relevant person
means a person—
- relevant provider
means a person whose business consists of or includes the supply by way of lease or hire purchase of motor vehicles to persons in respect of whom a relevant benefit component is payable.
- relevant social security benefit
means a benefit under any provision of the relevant social security legislation.
- severe hardship direction
means a direction given under Article 18 of the Jobseekers (Northern Ireland) Order 1995;
- shadow director
means a shadow director as defined in section 251 of the Companies Act 2006;
- social security authority
means—
- social security or work matters
means matters relating to social security, child support or war pensions, or employment or training and in this paragraph “war pension ” means a war pension within the meaning of section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).
- social security post
means postal packets—
- son or daughter
includes an illegitimate son or daughter.
- specified
means prescribed by or determined in accordance with regulations;
- state pension credit
means state pension credit under the State Pension Credit Act (Northern Ireland) 2002;
- statutory provision
has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;
- subject to negative resolution
has the meaning assigned by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (but as if the regulations or orders in question were statutory instruments within the meaning of that Act).
- subsidiary
means a subsidiary as defined in section 1159 of the Companies Act 2006.
- tax year
means the 12 months beginning with 6th April in any year;
- telecommunications operator
has the same meaning as in the Investigatory Powers Act 2016 (see section 261 of that Act).
- the 1975 Act
means the Social Security (Northern Ireland) Act 1975;
- the 1986 Order
means the Social Security (Northern Ireland) Order 1986;
- the 1998 Order
means the Social Security (Northern Ireland) Order 1998;
- the appointed day
means the day appointed for the coming into operation of Articles 51 to 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.
- the appropriate authority
means— and any determination by the Department under that subsection must be made in accordance with any directions given by the Department of Finance and Personnel.
- the appropriate health service allocation
means 50 per cent of the product of the additional rate together with—
- the appropriate person
means the person to whom the information in question relates, except that if the affairs of that person are being dealt with— the appropriate person is the attorney, controller, receiver, custodian or appointee, as the case may be, or, in a case falling within paragraph (a) above, the person to whom the information relates.
- the Assembly
means the Northern Ireland Assembly;
- the commencing date
means the date fixed for payment of benefit at an altered rate to commence.
- the Committee
means the Social Security Advisory Committee;
- the confirmatory procedure
means the procedure described in subsection (1) above;
- the Consequential Provisions Act
means the Social Security (Consequential Provisions) (Northern Ireland) Act 1992;
- the Contributions and Benefits Act
means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
- the Council
means the Industrial Injuries Advisory Council;
- the court
means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in England and Wales, the Supreme Court or the Court of Justice of the European Union;
- the current requirements
means—
- the day of settlement
means—
- the default date
means the date on which the time limit mentioned in subsection (1)(c) above expires.
- the Department
means the Department for Social Development but— (a) in sections 109A, 116 and 116B to 116D also includes the Department of Finance and Personnel;
- the Department of Finance and Personnel
means the Department of Finance and Personnel in Northern Ireland;
- the Department of the Environment
means the Department of the Environment for Northern Ireland;
- the designated authority
means such of the following as may be specified— (a) a Northern Ireland department;
- the excess
means so much of the relevant benefit or increase as is equal to the difference between—
- the first day of the common period
means whichever is the later of—
- the former Industrial Injuries Acts
means the Industrial Injuries Act (Northern Ireland) 1946 and the Industrial Injuries Act (Northern Ireland) 1966.
- the former legislation
means the National Insurance Acts (Northern Ireland) 1965 to 1974 and the National Insurance (Industrial Injuries) Acts (Northern Ireland) 1965 to 1974 and the 1975 Act and Part III of the 1986 Order.
- the former National Insurance Acts
means the National Insurance Act (Northern Ireland) 1946 and the National Insurance Act (Northern Ireland) 1966;
- the Great Britain Administration Act
means the Social Security Administration Act 1992;
- the Great Britain Contributions and Benefits Act
means the Social Security Contributions and Benefits Act 1992;
- the Housing Executive
means the Northern Ireland Housing Executive;
- the initial period
means the period of 21 days following the making of the payment into court (or, if there were two or more such payments, the last of them), but rules of court may make provision varying the length of that period.
- the medical questions
means—
- the Old Cases Act
means the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975;
- the Pensions Act
means the Pension Schemes (Northern Ireland) Act 1993;
- the Pensions Order
means the Social Security Pensions (Northern Ireland) Order 1975;
- the person responsible
means the Department, the Lord Chancellor or any person authorised by the Department or the Lord Chancellor for the purposes of this subsection and includes a reference to “the person responsible” within the meaning of any corresponding enactment having effect in Great Britain.
- the prescribed rate
means the rate from time to time prescribed under paragraph 6 of Schedule 1 to the Contributions and Benefits Act for the purposes of the corresponding provision of that paragraph, that is to say— (a) in relation to subsection (5) above, sub-paragraph (2)(a);
- the primary recipient
means the person in whose favour that maintenance order was made.
- the product of the additional rate
means the amount estimated to be the aggregate of—
- the recoupment provisions
means this Part and section 101 of the Great Britain Administration Act;
- the relevant claim enactment
means section 1 above as it has effect in relation to the claim referred to in subsection (1) above.
- the relevant date
means whichever is the latest of—
- the relevant enactments
means— and
- the relevant period
means— (a) if the revocation is under Article 18(3)(a) of that Order, the period beginning with the date of the change of circumstances and ending with the date of the revocation;
- the relevant social security legislation
means the provisions of any of the following, except so far as relating to contributions,... statutory sick pay or statutory maternity pay, that is to say-
- total benefit
means the gross amount referred to in section 78(1)(a) below.
- tribunal
means the First-tier Tribunal or, where determined under Tribunal Procedure Rules, the Upper Tribunal. • “vary” means vary under regulations made under Article 9 of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.
- trust
means a Health and Social Care trust.
- vary
means vary under regulations made under Article 9 of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.
- war disablement pension
means— (a) any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under— (i) the Air Force (Constitution) Act 1917;
- war pension
means a war pension within the meaning of section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).
- week
means a period of 7 days beginning with a Monday;
- work-focused interview
has the same meaning as in section 2A above.