[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PAYMENTS FOR DEBT (EMERGENCY PROVISIONS) ACT (NORTHERN IRELAND) 1971 - SECT 1

Payment of certain public moneys.

1.(1) Where any moneys are at any time due to any person, or, in the case of a
person who is an individual ordinarily resident with his spouse, to his
spouse, by or on behalf of, or out of any funds administered by or on behalf
of, any government department or local or public authority, that department or
authority may, and, if so directed by the Ministry of Finance, shall, pay
those moneys or any part thereof in or towards the settlement of any sum
appearing to be due by that person or his spouse

(a)to that or any other government department or local or public authority
acting as such, or to any such funds as aforesaid, or to the Exchequer or
Consolidated Fund; or

(b)to any government department, public or local authority or other person
whatsoever in respect of

(i)any tax or duty or levy, or of any local or public rates (including water
rates [, regional rate and district rate]); or

(ii)any public services; or

<(iii)any rent due in respect of housing accommodation; or


<(iv)any instalment (whether by way of principal or interest, or partly of the one and partly of the other) due in respect of the purchase, conversion or improvement of housing accommodation.


(2) Notification of a payment made or proposed to be made under subsection (1)
shall be sent by ordinary post to the person to whom the moneys from which the
payment was made were due, and the payment shall, to the extent thereof but
not further, operate in discharge of

(a)the moneys due to the person, or (as the case may be) to the spouse of the
person, by or on behalf of, or out of funds administered by or on behalf of,
the government department or local or public authority making the payment;

(b)the sum in or towards settlement of which the payment is made, but this
paragraph shall not have effect in relation to any amount ordered by the
county court to be paid or credited under subsection (6).

(3) For the purposes of determining any right to benefit under the
Supplementary Benefits &c. Act (Northern Ireland) 1966 (in this Act referred
to as "the Act of 1966") [, the Supplementary Benefits (Northern Ireland)
Order 1977 (in this Act referred to as "the 1977 Order") or] the Family Income
Supplements Act (Northern Ireland) 1971 (in this Act referred to as "the Act
of 1971"), or of ascertaining the amount of any such benefit

(a)a payment made under subsection (1) of, or out of, moneys due to any person
or to his spouse shall be treated as a payment made directly to that person
or, as the case may be, to his spouse; and

(b)the making of such a payment shall not be treated either as giving rise to
any change in his or her circumstances or as being the issuing of a benefit to
a person other than the claimant.

Subs.(4)(5) rep. by 1980 NI 8 art.16 sch.4 Pt.I

(6) Where, on application made in accordance with county court rules to the
county court within one year from the making of a payment under subsection (1)
in respect of any sum appearing to be due by any person, that person proves to
the satisfaction of the court that such sum was not due by him at the time of
making such payment, the court may order that the amount of such payment, or
any part thereof, which was not due at that time be paid or, if the court
thinks proper, credited to him by the government department or
local or public authority or other person to whom the payment was made; but,
save as aforesaid, no further or other action or proceeding whatsoever
(whether original or appellate) shall lie against that department or
local or public authority or other person in respect of that payment.

(7) This section shall have effect notwithstanding anything to the contrary
contained in any other transferred provision or other rule of law whatsoever,
but nothing in this section shall prejudice any power of deduction or set-off
exercisable under any other transferred provision or under any statutory
document within the meaning of section 1(e) of the Interpretation Act
(Northern Ireland) 1954.

© 1971 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/pfdpai1971581/s1.html