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SOCIAL SECURITY (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER 1977 - SECT 18

18.(1) Provision may be made by regulations as to the circumstances in which a
person is to be treated as residing or not residing with another person for
any of the purposes of the principal Act or any other statutory provision
relating to social security which was made after that Act and before this
Order and as to the circumstances in which persons are to be treated for any
of those purposes as residing or not residing together; and accordingly ...
residue amends sch.17 to 1975 c.15

Paras.(2)(5) amend ss.2426, 31, 36, 37, 43, 65, 67, 7173, 93 of 1975 c.15

(6) Section 154 of the principal Act (which among other things relates to
disclosure of information by the Inland Revenue in connection with the payment
of benefit under that Act) shall have effect as if in subsection (1)

(a)the reference to benefit under that Act included a reference to payments in
pursuance of sections 3 and 5A(1) of the Employment and Training Act (Northern
Ireland) 1950 which are analogous to the earnings-related supplement mentioned
in section 14(7) of the principal Act [when it was in force]; and

(b)the references to the Department included, in relation to such payments,
references to the Department of Manpower Services.

Paras.(7)(8) amend arts.37, 42, 47 of 1975 NI 15

(9) If a certificate issued by the Department is in force stating that in its
opinion the payment of a guaranteed minimum pension to which at any time a
person is entitled or has accrued rights under an occupational pension scheme
in consequence of an employment is secured by means of a policy of insurance
which satisfies prescribed conditions or an annuity contract which satisfies
prescribed conditions, then

(a)for the scheme to be contracted-out in relation to the employment the
Occupational Pensions Board need not be satisfied, in pursuance of Article
43(1)(b) and (c) of the Pensions Order, that the resources of the scheme are
sufficient for paying a state scheme premium relating to the pension and for
meeting the liabilities accorded priority as mentioned in Article 42(3) of
that Order in respect of the premium; and

(b)subject to paragraph (10), if the scheme ceases to be contracted-out in
relation to the employment no state scheme premium shall be payable in
pursuance of Article 46(2) of the Pensions Order by reference to the
employment.

(10) If the Department considers

[(a)]that a certificate in force in pursuance of paragraph (9) in connection
with an employment was issued in consequence of a mistake [; or

(b)that the persons upon whom an obligation to pay benefits in respect of an
employment is imposed by the policy of insurance or annuity contract to which
such a certificate relates is likely to fail to discharge the obligation,]

(11) Article 53 of the Pensions Order and paragraphs 5 to 7 and 9 of Schedule
2 to that Order (which among other things provide for the modification of
provisions of Part IV of that Order in special cases) shall have effect as if
any reference to that Part and to specified Articles of that Part included a
reference to paragraphs (9) and (10); and expressions used in either of those
paragraphs and that Part have the same meanings in those paragraphs as in that
Part.

Para.(12) rep. by 1980 NI 8 art.16 sch.4 Pt.I

(13) Regulations may provide that ... Article 46(6) [of the Pensions Order]
shall have effect with prescribed modifications in relation to a scheme which
has ceased to be contracted-out and, immediately before it so ceased,
contained provisions authorised by Article 37(7) of the Pensions Order (which
relates to a person whose service in a contracted-out employment ceases before
he attains pensionable age).

Para.(14) amends art.48 of 1975 NI 15; para.(15) amends s.11 of 1971 c.8 (NI)

(16) The Social Security Benefit (Computation of Earnings) (Northern Ireland)
Regulations 1975 (which were made in exercise of powers which included the
powers conferred by section 99(14) of the Social Security Act 1973) shall have
effect as if made in exercise of the powers conferred by section 3(2) of the
principal Act (which corresponds to the said section 99(14)).

Para.(17) amends ss.120, 127 of 1975 c.15; para.(18) amends sch.2 to 1975 NI
15; paras.(19)(24) rep. by 1977 NI 27 art.42(3) sch.7

(25) The power to amend regulations made before the making of this Order under
section 13(4) of the principal Act (crediting of contributions for the purpose
of enabling contribution conditions to be satisfied) may be so exercised as to
restrict the circumstances in which and the purposes for which a person is
entitled to credits in respect of weeks before the coming into force of the
amending regulations; but not so as to affect any benefit claimed for a period
before the coming into force of the amending regulations if it was claimed
before 18th March 1977.

© 1977 Crown Copyright

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