The Social Security (Northern Ireland) Order 1998

Decisions by the Department

9.—(1) Subject to the provisions of this Chapter, it shall be for the Department—

(a)to decide any claim for a relevant benefit;

(b)to decide any claim for a social fund payment mentioned in section 134(1)(b) of the Contributions and Benefits Act;

(c)subject to paragraph (5), to make any decision that falls to be made under any relevant statutory provision; and

(d)subject to and in accordance with regulations, to decide any issue arising as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay.

(2) Where at any time a claim for a relevant benefit is decided by the Department—

(a)the claim shall not be regarded as subsisting after that time; and

(b)accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.

(3) In this Chapter “relevant benefit”, subject to Article 21(4), means any of the following, namely—

(a)benefit under Parts II to V of the Contributions and Benefits Act;

(b)a jobseeker’s allowance;

(c)income support;

(d)family credit;

(e)disability working allowance;

(f)a social fund payment mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act;

(g)child benefit;

(h)such other benefit as may be prescribed.

(4) In this Article “relevant statutory provision” means any statutory provision contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the [1992 c. 9.] Social Security (Consequential Provisions) (Northern Ireland) Act 1992 or the Jobseekers Order, other than one contained in—

(a)Part VII of the Contributions and Benefits Act so far as relating to housing benefit;

(b)Part VIII of the Administration Act (arrangements for housing benefit).

(5) Paragraph (1)(c) does not include any decision relating to Class 4 contributions other than a decision falling to be made—

(a)under subsection (1) of section 17 of the Contributions and Benefits Act as to whether by regulations under that subsection a person is excepted from liability for Class 4 contributions, or his liability is deferred; or

(b)under regulations made by virtue of subsection (3) or (4) of that section or section 18 of that Act.