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FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 10

Regulations.

10.(1) Any power conferred by this Act to make regulations shall be
exercisable by the Ministry.

(2) Regulations may make such provision, in addition to any authorised by any
other provision of this Act, as appears to the Ministry to be necessary or
expedient for carrying this Act into effect, and, in particular, but without
prejudice to the generality of the power conferred by this section,

(a)for determining the circumstances in which a person is to be treated as
being, or as not being, engaged or normally engaged in remunerative full-time
work;

(b)for determining the circumstances in which a person is to be treated as
providing or as not providing, in whole or in part, for the requirements of a
child;

(c)for determining the circumstances in which a family is to be treated as
being, or as not being, in Northern Ireland;

(d)for treating, in such circumstances as may be prescribed by the
regulations, a person of or over the age of sixteen as being a child (within
the meaning of this Act);

(e)for the manner in which claims to family income supplement are to be made
and dealt with;

(f)for treating claims to family income supplement made in such circumstances
as may be prescribed by the regulations as having been made at such date
earlier than that at which they are made as may be so prescribed and for
requiring references in this Act to the date of such a claim to be construed
accordingly;

(g)for prescribing the evidence which is to be provided in support of claims
to family income supplement;

(h)for the review by [a supplement officer] of determinations under this Act
made by [a supplement officer] or the Appeal Tribunal [or by a ....
Commissioner or Tribunal of Commissioners by virtue of rules under Article 20A
of the Supplementary Benefits (Northern Ireland) Order 1977];

(i)for suspending payment of family income supplement pending the
determination of questions;

(j)for extinguishing the right to the payment of any sum by way of family
income supplement if payment is not obtained within such period, not being
less than twelve months, as may be prescribed by the regulations from the date
on which the right is treated under the regulations as having arisen.

[(2A) Regulations may also provide

(a)for specified questions to be referred to the Appeal Tribunal or other
bodies or persons exercising functions under the Social Security (Northern
Ireland) Act 1975, the Child Benefit (Northern Ireland) Order 1975 or the
Supplementary Benefits (Northern Ireland) Order 1977 and for the application
of provisions of this Act or any of those statutory provisions, with or
without modifications, to the questions and to decisions given in consequence
of references in pursuance of the regulations;

(b)for such decisions, and any other specified decisions given in pursuance of
any of those statutory provisions, to be effective or conclusive for specified
purposes of this Act; and

(c)for dealing, by postponement or otherwise, with cases in which questions
are referred by virtue of paragraph (a);

(2B) Any power conferred by this Act to make regulations

(a)where the power is expressed to be exercisable for alternative purposes,
may be exercised in relation to the same case for all or any of those
purposes;

(b)is without prejudice to the power to make any other such regulations;

(c)includes power to make thereby such incidental or supplementary provision
as appears to the Department to be expedient for the purposes of the
regulations.]

(3) Regulations, except regulations under section 2 or section 3, shall be
subject to negative resolution.

(4) Regulations made under section 2 or section 3 shall be laid before
Parliament after being made and shall take effect on such date as may be
specified in the regulations, but shall 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 each House of Parliament.

© 1971 Crown Copyright

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