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SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - LONG TITLE

[21st December 1977]4P ART I
[{6} Exclusion from supplementary benefit of certain employed persons
and pupils A > 9. (1) A person who is engaged in remunerative
full-time work shall not be entitled to supplementary benefit; and
regulations may make provision as to the circumstances in which a
person is or is not to be treated for the purposes of this
paragraph as so engaged. B>(2) A person who has not attained the
age of 19 and is receiving relevant education shall not be entitled
to supplementary benefit except in prescribed circumstances. B>(3)
Regulations may make provision as to the circumstances in which a
person is or is not to be treated for the purposes of paragraph
(2) as receiving relevant education; and in this Article ""relevant
education'' means full-time education by attendance at an
establishment recognised by the Department as being, or as comparable
to, a college or school. A> 10. . . . ]

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 12

12.(1) Subject to paragraph (2), where a person

(a)is, by reason of a stoppage of work which is due to a trade
dispute at his place of employment, without employment for any
period during the stoppage; and

(b)has not during that stoppage become bona fide employed elsewhere
in the occupation which he usually follows, or become regularly
engaged in some other occupation;

(2) Paragraph (1) does not apply in the case of a person who
proves that he is not participating in or directly interested in
the trade dispute which caused the stoppage of work.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 13

13.(1) Where a person

(a)has, by reason of a stoppage of work which was due to a trade
dispute at his place of employment, been without employment for any
period during the stoppage; and

(b)is a person whose requirements for that period (except so far as
those requirements included the [requirements of] any other person)
fall to be disregarded for the purposes of supplementary benefit by
virtue of Article 12 (persons affected by trade disputes); and

(c)becomes engaged in remunerative full-time work again in consequence
of the ending of the stoppage;

(2) Any sum paid to a person on an award of supplementary benefit
made to him during the period of 15 days specified in paragraph
(1) by virtue of that paragraph shall be recoverable from him [or
another person in accordance with regulations].

(3) [Regulations made by virtue of Article 9(1) providing for a
person not to be treated as engaged in remunerative full-time work]
shall not apply to a person to whom paragraph (1) applies as
regards the engagement mentioned in sub-paragraph (c) of that
paragraph.

Paras.(4)(7) rep. by 1980 NI 8 art.16 sch.4 Pt.II

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 14

14.(1) Where

(a)a person is registered for employment in pursuance of Article 7
and is not receiving unemployment benefit under the Social Security
(Northern Ireland) Act 1975; and

(b)it appears to a benefit officer that the person refuses or
neglects to maintain himself or any other person whom for the
purposes of this Order he is liable to maintain,

(2) A person to whom such a direction is given may, in accordance
with rules made by the Department, appeal against the direction to
the Appeal Tribunal; and on an appeal in pursuance of this
paragraph the tribunal shall either confirm or cancel the direction.

(3) A direction under paragraph (1) shall not come into force

(a)until the expiration of the period within which, without any
extension of time, an appeal against it may be brought in pursuance
of paragraph (2); and

(b)if during that period such an appeal is brought, until the
appeal is withdrawn or the direction is confirmed by the tribunal.

(4) A person in respect of whom a direction under paragraph (1) is
in force shall not be entitled to a supplementary allowance while
he fails to comply with the direction.

(5) Regulations may make provision with respect to the consequences
of the cancellation of a direction which has come into force.]

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 15

15.[(1) Regulations may make provision

(a)for the requirements of any person to be met in prescribed
circumstances by the provision of goods or services instead of by
making the whole or part of any payment to which he would
otherwise be entitled under this Order;

(b)for any provision of this Order or regulations under it to be
disregarded in connection with the provision of goods or services by
virtue of sub-paragraph (a);

(c)as to the manner of providing goods and services to be provided
by virtue of that sub-paragraph.]

(2) In relation to any goods or services provided in pursuance of
this Article, references in this Order to the amount of
supplementary benefit shall be taken to refer to the value of the
goods or services.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 16

16.[(1) Where a prescribed payment which apart from this paragraph
falls to be made from public funds in the United Kingdom or under
the law of any other member State is not made on or before the
date which is the prescribed date in relation to the payment, then

(a)in the case of a payment from such public funds, the authority
responsible for making it may abate it by the relevant amount; and

(b)in the case of any other payment, the Department shall be
entitled to receive the relevant amount out of the payment;

(1A) Where

(a)a payment by way of prescribed income is made after the date
which is the prescribed date in relation to the payment; and

(b)a benefit officer determines that an amount which has been paid
by way of supplementary benefit would not have been paid if the
said payment had been made on the date aforesaid,

(2) Where for any period

(a)a person (in this paragraph referred to as A) is entitled to
[any prescribed benefit] in respect of another person (in this
paragraph referred to as B); and

(b)B's requirements have been taken into account in determining the
amount of any supplementary benefit payable for that period to B or
some other person (other than A); and

(c)the amount of the supplementary benefit so payable has been
determined on the basis that A has not made payments for the
maintenance of B at a rate equal to or exceeding the amount of
[the prescribed] benefit;

[(3) Where, in determining the amount of any supplementary benefit,
the requirements of any person have been taken into account for the
whole or part of a period in respect of which there might be
afforded or granted to him

(a)a rent allowance under Article 59 of the Rent (Northern Ireland)
Order 1978;

(b)a rent rebate under Article 6 of the Housing Finance (Northern
Ireland) Order 1977;

(c)a rent rebate under Article 9 of the Housing (Northern Ireland)
Order 1976;

(4) Where a benefit officer makes

(a)a determination in pursuance of the preceding provisions of this
Article or in pursuance of Article 28(3) of the Rates (Northern
Ireland) Order 1977 in respect of an amount of supplementary
benefit; or

(b)a determination altering on review or refusing to review a
determination in respect of such an amount which has been made for
the purposes of this Article or the said Article 28(3) by a
benefit officer or on appeal,

(5) In paragraph (4) "the relevant person" means the person who is
entitled, apart from paragraph (1), (2) or (3), or Article 28(3) of
the Rates (Northern Ireland) Order 1977, to the prescribed payment
or the prescribed benefit or the allowance or rebate in question
or, as the case may be, to whom the amount mentioned in paragraph
(1A) was paid.]

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 17

17. Any sums payable under this Order by way of supplementary
benefits shall be paid by the Department.

Art.18 rep. by 1980 NI 8 art.16 sch.4 Pt.II

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 19

19.(1) [Regulations may] make provision for carrying into effect this
Part and Schedule 1 [; and nothing in any other provision of this
Order shall be construed as prejudicing the generality of this
paragraph].

(2) [Regulations may make provision]

(a)for requiring claims for supplementary benefit to be made in such
manner [and within such time] as may be specified in the
regulations;

[(b)for enabling a person to be appointed to exercise, on behalf of
a claimant who may be or become unable to act in relation to his
claim, any power in relation to it which the claimant is entitled
to exercise;]

(c)for prescribing the evidence which is to be provided in support
of claims for supplementary benefit;

(d)for requiring or enabling [a benefit officer], in such
circumstances as may be specified in the regulations, to review any
determination with respect to supplementary benefit, whether the
determination is made by [a benefit officer] or by the Appeal
Tribunal [or by a ... Commissioner or Tribunal of Commissioners by
virtue of rules under Article 20A];

(e)for extinguishing the right to payment of any sum by way of
supplementary benefit if payment is not obtained within [a prescribed
period of not] less than twelve months from the date on which the
right is to be treated under the regulations as having arisen; ...

<[(f)as to the day on which entitlement to a supplementary pension or allowance is to begin or end or the amount of a supplementary pension or allowance is to change;

(g)as to the time and manner of paying supplementary benefit and
the information and evidence to be furnished in connection with
payments of it;

(h)for withholding payments of a supplementary pension or allowance
in prescribed circumstances and for subsequently making withheld
payments in prescribed circumstances;

(i)as to the circumstances and manner in which payments of
supplementary benefit may be made to another person on behalf of
the beneficiary for any purpose (which may be to discharge, in
whole or in part, an obligation of the beneficiary or any other
person);

(j)for the payment or distribution of supplementary benefit to or
among persons claiming to be entitled to it on the death of any
person and for dispensing with strict proof of their title; and

(k)for the payment of travelling expenses in connection with claims
for supplementary benefit.]

Paras.(3)(4) rep. by 1980 NI 8 art.16 sch.4 Pt.II

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 20

20.(1) A person claiming, or in receipt of, supplementary benefit
may appeal to the Appeal Tribunal against any determination of [a
benefit officer (including a determination to refuse to review a
determination) with respect to the claim or benefit, except that no
appeal shall lie by virtue of this paragraph in a case falling
within Article 14(2), 16(4) or 25(3)].

Para.(2) rep. by 1980 NI 8 art.16 sch.4 Pt.II

(3) On an appeal under this Article the Appeal Tribunal may

(a)confirm the determination appealed against; or

Sub-para.(b) rep. by 1980 NI 8 art.16 sch.4 Pt.II

(c)substitute for any determination appealed against any determination
which [a benefit officer] could have made.

[(4) Subject to Article 20A, any determination of an Appeal Tribunal
shall be final; but nothing in this Article shall make any finding
of fact or other determination embodied in or necessary to a
decision, or on which it is based, conclusive for the purpose of
any further decision.

(5) ...

(6) ...

(7) ...]

[

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 20A

20A.(1) The Department may by rules make provision for any party to
proceedings before an Appeal Tribunal (whether under this or any
other enactment) to appeal to a ... Commissioner against a decision
of the tribunal.

(2) Rules under this Article may, in particular, make provision

(a)as to the cases and circumstances in which, and the conditions
subject to which, appeals may be made, including provision either
generally or in relation to specified classes of case for appeals

(i)to be confined to points of law;

(ii)to be made only with leave;

(b)as to the manner in which, and the time within which, appeals
are to be brought and (where appropriate) applications are to be
made for leave to appeal;

(c)as to the procedure to be followed on appeals;

(d)as to the payment by the Department to persons attending
proceedings before a Commissioner of travelling and other allowances
(including compensation for loss of remunerative time).

(3) The power to make provision as to procedure under paragraph
(2)(c) includes power to make provision as to the representation of
one person in any proceedings by another person.

(4) Rules under this Article may provide for a Commissioner hearing
an appeal

(a)to give any decision which might have been given by the
tribunal;

(b)to refer the case to another tribunal, with directions;

(c)to dispose of the appeal in such other manner as may be
specified;

(5) In this Article "... Commissioner" has the same meaning as in
the Social Security (Northern Ireland) Act 1975 ....]

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 21

21. Every assignment of, or charge on, any supplementary benefit,
and every agreement to assign or charge any such benefit, shall be
void; and, on the bankruptcy of a person entitled to any
supplementary benefit, no rights in respect of the benefit shall
pass to any trustee or other person acting on behalf of his
creditors.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 22

22.(1) For the purposes of this Order

(a)a man shall be liable to maintain his wife and his children;
and

(b)a woman shall be liable to maintain her husband and her children
[; and

(c)a person shall be liable to maintain another person throughout
any period in respect of which the first-mentioned person has, on
or after the date of the making of the Social Security (Northern
Ireland) Order 1980 and either alone or jointly with a further
person, given an undertaking in writing in pursuance of immigration
rules within the meaning of the Immigration Act 1971 to be
responsible for the maintenance and accommodation of the other
person.]

(2) In paragraph (1)

(a)the reference to a man's children includes a reference to
children of whom he has been adjudged to be the putative father;
and

(b)the reference to a woman's children includes a reference to her
illegitimate children.

[(3) A document bearing a certificate which

(a)is signed by a person authorised in that behalf by the Secretary
of State; and

(b)states that the document apart from the certificate is, or is a
copy of, such an undertaking as is mentioned in paragraph (1)(c),

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 23

23.(1) Where supplementary benefit is paid or claimed to meet
requirements which are or include those of a person whom another
person is, for the purposes of this Order, liable to maintain (in
this Article referred to respectively as "the dependant" and "the
liable [person") the Department] may make a complaint under Part IX
of the Magistrates' Courts Act (Northern Ireland) 1964 against the
liable [person for] an order under this Article.

(2) [Except in a case falling within Article 22(1)(c), no] complaint
under paragraph (1) shall be made where the dependant is an
illegitimate child and the liable [person] is his father.

(3) On the hearing of a complaint under paragraph (1) the court
shall have regard to all the circumstances and, in particular, to
the resources of the liable [person], and may order him to pay
such sum, weekly or otherwise, as it may consider appropriate
[except that, in a case falling within Article 22(1)(c), that sum
shall not include any amount which is not attributable to
supplementary benefit (whether paid before or after the making of
the order).]

(4) In determining whether to order any payments to be made in
respect of supplementary benefit for any period before the complaint
was made, or the amount of any such payments, the court shall
disregard any amount by which the liable [person's] resources exceed
the resources which were his during that period.

(5) Any payments ordered to be made under this Article shall be
made

(a)to the Department in so far as they are attributable to any
supplementary benefit (whether paid before or after the making of
the order);

(b)to the person claiming supplementary benefit or (if different) the
dependant; or

(c)to such other person as appears to the court expedient in the
interests of the dependant.

Para.(6) rep. by 1980 NI 8 art.16 sch.4 Pt.II

(7) Any proceedings for an order under this Article shall be
included among the proceedings which are domestic proceedings within
the meaning of the Magistrates' Courts Act (Northern Ireland) 1964;
and section 98 of that Act (definition of "domestic proceedings")
shall have effect accordingly.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 24

24.(1) The provisions of this Article apply in any case in which
supplementary benefit is paid to meet requirements which include
those of an illegitimate child.

(2) If no affiliation order is in force the [Department] may,
within three years from the time when any payment by way of
supplementary benefit was made, make application upon complaint to a
justice of the peace having jurisdiction in the petty sessions
district in which the mother of the child resides for a summons to
be issued under section 2 of the Illegitimate Children (Affiliation
Orders) Act (Northern Ireland) 1924.

(3) In any proceedings on an application under paragraph (2) the
court shall hear such evidence as the [Department] may produce, in
addition to the evidence required to be heard by section 1(3) of
the said Act of 1924, and shall in all respects, subject to the
provisions of paragraph (4), proceed as on an application made by
the mother under section 2 of that Act.

(4) An affiliation order

(a)made on an application made by the [Department] under paragraph
(2); or

(b)made on an application made by the [Department] in proceedings
brought by the mother of the child under section 2 of the said
Act of 1924;

(5) Any affiliation order, whether made before or after the
commencement of this Order, may, on the application of the
[Department], be varied so as to provide for the making of
payments, or part thereof, as mentioned in paragraph (4); and an
application by the [Department] under this paragraph may be made

(a)notwithstanding that the mother has died and no person has been
appointed to have the custody of the child; and

(b)where the child is not in the care of the mother and she is
not contributing to his maintenance, without making her a party to
the proceedings.

(6) Any affiliation order which provides for the making of payments,
or part thereof, as mentioned in paragraph (4) may, on the
application of the mother of the child or any other person who has
custody of the child either legally or by any arrangement approved
by the court, be varied so as to provide that the payments shall
be made to the mother or the person having the custody of the
child.

Para.(7) rep. by 1980 NI 8 art.16 sch.4 Pt.II

(8) An affiliation order made or varied under this Article shall be
an affiliation order within the meaning of the said Act of 1924,
and accordingly the provisions of that Act shall, without prejudice
to the foregoing provisions of this Article, apply to any such
order so made or varied.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 25

25.(1) If, whether fraudulently or otherwise, any person
misrepresents, or fails to disclose, any material fact, and in
consequence of the misrepresentation or failure

(a)the Department incurs any expenditure under this Order; or

(b)any sum recoverable under this Order by or on behalf of the
Department is not recovered;

(2) If, whether in connection with any legal proceedings or
otherwise, any question arises whether any amount paid by way of
supplementary benefit is recoverable by the Department under this
Article, or as to the amount so recoverable, the question shall be
[determined by a benefit officer].

[(3) A person from whom, in pursuance of a determination of a
benefit officer under paragraph (2), an amount is recoverable under
this Article may appeal to the Appeal Tribunal against the
determination; and Article 20(3) shall apply to an appeal under this
paragraph as it applies to an appeal under that Article.]

(4) Where any amount paid by way of supplementary benefit is
recoverable under this Article, it may, without prejudice to any
other method of recovery, be recovered by deduction from [prescribed
benefits].

[(5) Paragraphs (2) and (3) shall apply to any question as to
whether any amount or what amount is recoverable by the Department
under section 22 of the National Assistance Act (Northern Ireland)
1948 or section 26 of the Supplementary Benefits &c. Act (Northern
Ireland) 1966 (which contain provisions corresponding to paragraph
(1)) and paragraph (4) shall apply to an amount recoverable under
either of those sections

(a)as if for any reference in those paragraphs to this Article
there were substituted references to the said section 22 or 26, as
the case may be; and

(b)as respects a question relating to recovery under the said
section 22 and an amount recoverable under that section, as if the
words "paid by way of supplementary benefit" in paragraphs (2) and
(4) were omitted.]

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 26

26.(1) Where under Article 25 the Department becomes entitled to
recover any amount from any person, all property then or thereafter
beneficially owned (whether solely, jointly or severally) by that
person, shall

(a)as from the date on which the Department first becomes so
entitled; or

(b)in the case of property which did not become so owned until
after that date, as from the date on which it first becomes so
owned;

(2) In this Article

"disposing" includes making any conveyance, transfer, lease, release,
exchange, surrender, licence, grant or other assurance of or
affecting, as well as any mortgage of, or charge created upon, any
property whatsoever;

"purchaser" means a person who acquires the estate or interest
disposed of in good faith and for valuable consideration in money
or money's worth without notice of any trust created by paragraph
(1) or of any fraud, misrepresentation or non-disclosure giving rise
to the creation of such a trust.

(3) In this Article

(a)references to property beneficially owned by a person include
references to property over which that person is entitled to
exercise a general power of appointment; and

(b)references to property passing on death include references to
property passing by survivorship as well as under a will or on an
intestacy but do not include references to settled property passing
on the death of a tenant for life unless the tenant for life was
also both the settlor and the person from whom the Department is
entitled to recover any amount under Article 25.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 27

27. If any person, for the purpose of obtaining supplementary
benefit or any other payment under this Order for himself or
another person or for any other purpose connected with this Order,

(a)makes any statement or representation which he knows to be false;
or

(b)produces or furnishes, or causes or knowingly allows to be
produced or furnished, any document or information which he knows to
be false in a material particular,

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 28

28. If any person with intent to deceive, falsely represents himself
to be a person authorised by the Department ... to act in any
capacity (whether under this Order or otherwise) he shall be guilty
of an offence and shall be liable on summary conviction to a fine
not exceeding #400.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 29

29.(1) If any person

(a)as a pledge or a security for a debt; or

(b)with a view to obtaining payment from the person entitled to it
of a debt due either to himself or to any other person;

(2) If any person has such a document in his possession without
lawful authority or excuse (the proof whereof shall lie on him), he
shall be guilty of an offence.

(3) A person guilty of an offence under this Article shall be
liable on summary conviction to imprisonment for a term not
exceeding six months, or to a fine not exceeding #400, or to both.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 30

30.(1) If any person fails to comply with a provision [of
regulations under Article 13(2)] requiring him to give notice of any
matter to the Department, he shall be guilty of an offence and
shall be liable on summary conviction to a fine not exceeding #100.

Para.(2) rep. by 1980 NI 8 art.16 sch.4 Pt.II

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 31

31.(1) If any person persistently refuses or neglects to maintain
himself or any person whom for the purposes of this Order he is
liable to maintain, and in consequence of his refusal or neglect
supplementary benefit is awarded to meet requirements which are, or
include, his or those of such a person, he shall be guilty of an
offence and shall be liable on summary conviction to imprisonment
for a term not exceeding three months, or to a fine not exceeding
#400, or to both.

(2) For the purposes of this Article a person shall not be taken
to refuse or neglect to maintain himself or any other person by
reason only of anything done or omitted in furtherance of a trade
dispute.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 32

32.(1) Any person authorised by the Department in that behalf may
conduct any proceedings under this Order before a magistrates' court
although not a barrister-at-law or solicitor.

(2) Without prejudice to any other method of recovery, any sum due
under this Order to the Department, other than a sum due under an
order under Article 23 or 24, shall be recoverable summarily as a
civil debt.

(3) Notwithstanding anything in section [34(1)(a)] of the Magistrates'
Courts Act (Northern Ireland) 1964 (time limit for summary
proceedings), proceedings for an offence under this Order may be
begun at any time within the period of three months from the date
on which evidence, sufficient in the opinion of the Department to
justify a prosecution for the offence, comes to the Department's
knowledge, or within the period of twelve months from the commission
of the offence, whichever period last expires.

(4) For the purposes of paragraph (3), a certificate purporting to
be signed by the Head of the Department or a secretary or
assistant secretary of the Department as to the date on which such
evidence as is mentioned in that paragraph came to the Department's
knowledge shall be conclusive evidence of that date.

(5) In any proceedings for an offence under this Order the wife or
husband of the accused shall be competent to give evidence, whether
for or against the accused, but shall not be compellable either to
give evidence or, in giving evidence, to disclose any communication
made to her or to him by the accused during the marriage; and
accordingly section 4 of the Criminal Evidence Act (Northern Ireland)
1923 (which makes an accused's spouse a competent witness in
relation to offences under the enactments specified in Schedule 1 to
that Act) shall have effect with the inclusion of this Order among
the enactments mentioned in that Schedule.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 33

33.(1) [It shall be the duty of the Department to make arrangements
with a view to ensuring that benefit officers and other officers of
the Department concerned with the administration of this Order
exercise their functions] in such manner as shall best promote the
welfare of persons affected by the exercise of those functions.

[(2) It shall be the duty of the Department to appoint persons to
perform the functions conferred by virtue of this Order on benefit
officers.

(3) ...

(4) ...]

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 34

34. The Appeal Tribunal for the purposes of this Order shall be a
tribunal constituted in accordance with Schedule 4 which, under that
Schedule, has jurisdiction in the case in question.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 35

35.(1) Every appointment of an inspector under section 135 of the
Social Security (Northern Ireland) Act 1975 shall be an appointment
for the purposes of this Order as well as for the purposes of
that Act.

(2) In consequence of paragraph (1) the Social Security (Northern
Ireland) Act 1975 shall have effect as if

(a)in sections 135(2) to (4) and 136 of that Act references to
that Act included references to this Order; and

(b)in section 136(1)(b) of that Act the reference to benefit
included a reference to supplementary benefit;

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 36

36.(1) For the re-establishment of persons in need thereof through
lack of regular occupation or of instruction or training, [the
Department may provide courses, to be known as re-establishment
courses, at which (either in consequence of a direction under
Article 14(1) or otherwise) such persons may be afforded] the
occupation, instruction or training requisite to fit them for entry
into or return to regular employment.

Paras.(2)(3) rep. by 1980 NI 8 art.16 sch.4 Pt.II

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 37

37. The [Department] may make contributions to the funds of any
voluntary organisation [providing courses] for purposes similar to the
purposes of [re-establishment courses] of a kind mentioned in Article
36(1).

Art.38 rep. by 1980 NI 8 art.16 sch.4 Pt.II

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 39

39.(1) The Head of the Department shall be the appropriate Northern
Irish authority for the purposes of section 31 of the Supplementary
Benefits Act 1976 and may, with the consent of the Department of
Finance, make reciprocal arrangements with the Secretary of State for
co-ordinating the operation of the two schemes for the payment of
supplementary benefits in respect of persons whose resources are
insufficient to meet their requirements, being the schemes established
respectively under this Order and under the Supplementary Benefits
Act 1976.

(2) Any such arrangements may include provision for the modification
or adaptation of the respective schemes in relation to, or in
connection with, persons affected by the arrangements.

(3) [Regulations may provide for such modifications of this Order as
appear to the Department] to be required for giving effect to the
arrangements, or in consequence of the arrangements, and for any
necessary financial adjustments.

(4) [The power to make regulations conferred by paragraph (3)] shall
be exercisable in relation to any provision enacted after this Order
which is directed to be construed as one with this Order; but this
paragraph applies only so far as a contrary intention does not
appear in that provision and is without prejudice to the generality
of any such direction.

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 40

40.(1) For the purpose of giving effect to any agreement with the
government of a country outside the United Kingdom providing for
reciprocity in matters relating to payments for purposes similar or
comparable to those of this Order, the Secretary of State may by
order provide for modifying ... this Order in its application to
cases affected by the agreement.

(2) The modifications of this Order which may be made by virtue of
paragraph (1) include provision

(a)for securing that acts, omissions and events having any effect
for the purposes of the law of the country in respect of which
the agreement is made have a corresponding effect for the purposes
of this Order (but not so as to confer a right to double
benefit);

(b)for determining, in cases where rights accrue both under this
Order and under the law of that country, which of those rights is
to be available to the person concerned;

(c)for making any financial adjustments.

(3) In relation to the power to make orders which is conferred by
this Article, and to orders made in the exercise of the power,
section 155(3) and (7) and section 157(4) of the Social Security
(Northern Ireland) Act 1975 (additional matters which may be dealt
with by orders; application to future legislation) apply as they do
for the purposes of that Act.

40A. Regulations may provide for any provision of this Order except
this Article to have effect with prescribed modifications

(a)in cases involving a marriage celebrated under a law which
permits polygamy or a marriage during the subsistence of which a
party to it is at any time married to more than one person;

(b)in cases where the Department considers that without the
modifications the provision in question would give rise to an
anomaly or an injustice or would produce impractical consequences.]

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 41

41.[(1) Regulations of the following kinds, namely

(a)regulations of which the effect is to increase an amount which
is specified in regulations made in pursuance of Article 5 or
which, by virtue of regulations made in pursuance of sub-paragraph
(b) of Article 6(1), is specified in a provision mentioned in that
sub-paragraph;

(b)regulations made in pursuance of Article 40A(b) except regulations
made for the purpose only of consolidating regulations which they
revoke;

(c)regulations made in pursuance of paragraph 1 or 2 of Schedule 1
except regulations made for the purpose only of consolidating
regulations which they revoke,

(2) Other regulations, and any rules, made under this Order shall
be subject to negative resolution.

(3) [Any] power to make regulations under [this Order]

(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;

Sub-para.(d) rep. by 1980 NI 8 art.16 sch.4 Pt.II

[(4) Without prejudice to the generality of any power conferred by
this Order to make regulations, regulations may provide for a person
to exercise a discretion in dealing with any matter.]

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 42

42.(1) Without prejudice to sections 28 and 29 of the Interpretation
Act (Northern Ireland) 1954 (effect of repeal or of substituting
provisions) the transitional provisions and savings in Schedule 5
shall have effect.

Para.(2), with Schedule 6, effects amendments; para.(3), with Schedule
7, effects repeals

1.(1) The amount of any supplementary benefit to which a person is
entitled shall, subject to the following provisions of this Schedule,
be the amount by which his resources fall short of his
requirements.

(2) For the purpose of ascertaining that amount

(a)a person's requirements shall be determined in accordance with
paragraph 2; and

(b)a person's resources shall be calculated in the prescribed manner;

(3) Regulations may provide that a person whose resources as
ascertained in pursuance of sub-paragraph (2)(b) or a prescribed part
of them exceed or exceeds a prescribed amount shall not be entitled
to a supplementary pension or allowance.

2.(1) For the purposes of this Schedule requirements shall be of
three categories, namely,

(a)normal requirements;

(b)additional requirements; and

(c)housing requirements;

(2) A person's requirements shall consist of normal requirements
together with requirements, if any, of such of the other categories
as are applicable in his case.

(3) In the case of a person specified in the first column of the
following Table his normal requirements shall be taken to be the
weekly amount specified in relation to him in the second column of
that Table; and in that Table

"householder" means a person who is not one of a married or
unmarried couple but who satisfies prescribed conditions with respect
to living accommodation; and

"relevant person" means a person whose requirements include those of
another person by virtue of paragraph (3)(1).

1. A relevant person who

(a)is such a person as is mentioned in Article 3(1)(a); or

(b)is not such a person as is so mentioned but satisfies prescribed
conditions.

2. A relevant person not falling within paragraph 1 of this table.

3. A householder who

(a)has attained pensionable age; or

(b)has not attained pensionable age but satisfies prescribed
conditions.

4. A householder not falling within paragraph 3 of this Table.

(4) Regulations may provide that the preceding sub-paragraph shall
have effect with prescribed modifications.

(5) Notwithstanding anything in the preceding provisions of this
paragraph, regulations may provide for a person to be treated as
having no normal requirements in prescribed cases.

3.(1) Where two persons are a married or unmarried couple, their
requirements and resources shall be aggregated and treated

(a)until the prescribed date, as those of the man; and

(b)on and after that date, as those of such one of them as
satisfies prescribed conditions or, where both of them satisfy or
neither of them satisfies those conditions, as those of such one of
them as they may jointly nominate in accordance with regulations or,
in default of such a nomination, as the Department may determine.

(2) Where a person is responsible for, and is a member of the
same household as, another person and they are not a married or
unmarried couple, then

(a)if the other person is a child or is excluded from entitlement
to supplementary benefit by Article 9(2); or

(b)if the circumstances are such as are prescribed,

(3) Regulations may provide that, in a case falling within
sub-paragraph (2), sub-paragraph (1) shall apply in relation to the
other person with prescribed modifications.

4. Where the amount of any supplementary benefit would be less than
a prescribed amount, the benefit shall not be payable except in
prescribed circumstances.]

Schedules 2, 3 rep. by 1980 NI 8 art.16 sch.4 Pt.II

1. Every tribunal shall consist of

(a)a person drawn from those appointed by the Department to act as
chairmen of the tribunals;

(b)one member drawn from a panel of persons appearing to the
Department to have knowledge or experience of conditions in the area
to which the panel relates and of the problems of people living on
low incomes; and

(c)one member drawn from a panel of persons appearing to the
Department to represent work-people.

2. Panels of the kinds mentioned in paragraph 1 shall be
constituted by the Department for the whole of Northern Ireland and
each panel shall relate to such area as the Department thinks fit,
and be composed of such persons as it sees fit to appoint.

3. Before appointing members to either of the panels, the Department
may take into consideration recommendations from such organisations or
persons as it considers appropriate.

4. A tribunal shall have jurisdiction in respect of the area to
which the panels from whose members it is constituted relate.

5. So far as is practicable

(a)each member of a panel shall be summoned in turn to serve on a
tribunal;

(b)where several persons are selected to act as chairmen for a
particular area they shall be invited in turn to preside over a
tribunal;

(c)at least one of the members of the tribunal shall be of the
same sex as the claimant.

6. The Department shall pay to the chairman of a tribunal such
remuneration, and to any member thereof such travelling and other
allowances (including compensation for the loss of remunerative time),
as it may, with the consent of the Department of the Civil
Service, determine.

7.(1) The Department shall assign to serve the tribunals having
jurisdiction in respect of each area a clerk and such other
officers and servants and shall pay them such salaries or fees and
such allowances as it may, with the consent of the Department of
the Civil Service, determine.

(2) Before assigning a clerk under this paragraph the Department
shall, if one or more Senior Chairmen have been appointed under
paragraph 11, consult him or such one of them as the Department
considers appropriate.

(3) The Department shall consider any representations made to it by
a Senior Chairman as to the desirability of terminating the
assignment of a clerk and shall take such action, if any, as the
Department considers appropriate.

8. A person appointed to act as a member of a panel or as a
chairman shall hold and vacate office in accordance with the terms
of his appointment.

9.(1) The Department may make rules

(a)as to the procedure of tribunals and the procedure in connection
with the bringing of matters before a tribunal, and as to the time
within which matters may be brought before tribunals;

(b)as to the payment by the Department to persons attending
proceedings before tribunals of travelling and other allowances
(including compensation for loss of remunerative time);

(c)for authorising proceedings notwithstanding that the members of the
tribunal are not all present.

(2) The power to make rules as to procedure under this paragraph
includes power to make provision as to the representation of one
person in any proceedings by another person.

(3) In any case where proceedings take place in accordance with
rules made under sub-paragraph (1)(c) the tribunal shall,
notwithstanding anything in this Order, be deemed to be properly
constituted, and the chairman shall have a second or casting vote.

10. Notwithstanding the preceding provisions of this Schedule

(a)a tribunal shall have jurisdiction in respect of such area as
the Department may direct; and

(b)the chairman and other members may, if the Department so directs,
be drawn from among those selected or appointed in relation to
different areas.

11.(1) The Lord Chancellor may appoint persons who are barristers or
solicitors of not less than 7 years' standing to act in relation
to the tribunals as Senior Chairmen.

(2) A person appointed under this paragraph to act as a Senior
Chairman shall have such functions in relation to the tribunals,
including the function of acting as chairman of a tribunal, as the
Department may from time to time assign to him.

(3) Paragraph 5(b) shall not apply in relation to a Senior Chairman
acting as chairman of a tribunal by virtue of sub-paragraph (2).

(4) A Senior Chairman shall hold and vacate office in accordance
with the terms of his appointment.

(5) The Department may pay, or make such payments towards the
provision of, such remuneration, pensions, allowances or gratuities to
or in respect of Senior Chairmen or any of them as, with the
consent of the Department of the Civil Service, it may determine.

(6) Senior Chairmen shall have such officers and staff as the
Department may, with the consent of the Department of the Civil
Service as to the numbers and as to remuneration and other terms
and conditions of service, see fit to appoint.]

1.(1) In so far as any order, rule, regulation, appointment,
approval or other thing made or done, or deemed to be made or
done, under an enactment repealed by this Order could have been
made or done under a corresponding provision of this Order, it
shall not be invalidated by the repeal but shall have effect as if
made or done under that provision.

(2) Anything begun under an enactment repealed by this Order may be
continued under the corresponding provision of this Order as if
begun under that provision.

(3) References in this Order to things done, suffered or occurring
in the past shall, so far as the context requires for the
continuity of operation between enactments repealed by this Order and
the corresponding provisions of this Order, be construed as including
references to things done, suffered or occurring before the
commencement of this Order.

(4) Where any instrument or document refers expressly or by
implication to an enactment repealed by this Order, the reference
shall, except where the context otherwise requires, be construed as,
or as including, a reference to the corresponding provision of this
Order.

2.(1) Paragraph 1 applies in particular to any claim for, or award
of, supplementary benefit made before the commencement of this Order
and to anything done or occurring in, or for the purposes of,
adjudication proceedings before that time.

(2) Any question as to entitlement to, or the amount of, any
supplementary benefit, and any other question with respect to
supplementary benefit, for any period shall be determined in
accordance with the provisions with respect to those matters in
force during that period.

Para.3 rep. by 1980 NI 8 art.16 sch.4 Pt.II

4. Any enactment or instrument that is to be construed in
accordance with section 1(3) of the Supplementary Benefits &c. Act
(Northern Ireland) 1966, shall continue to be so construed
notwithstanding the repeal by this Order of the said Act of 1966.

Para.5 rep. with saving by 1980 NI 8 arts.7, 16 schs.2, 4 Pt.II.
Para.6 rep. by 1980 NI 8 art.16 sch.4 Pt.II

7.(1) Any proceedings for the recovery of a sum which, if the
Supplementary Benefits &c. Act (Northern Ireland) 1966 had not been
passed, could have been taken by the National Assistance Board for
Northern Ireland may be taken [by the Department].

(2) Any payments ordered in proceedings continued or begun by virtue
of sub-paragraph (1) or of paragraph 8 of Schedule 6 to the
Supplementary Benefits &c. Act (Northern Ireland) 1966 which, if that
Act had not been passed, would have been ordered to be made to
the National Assistance Board for Northern Ireland shall be ordered
to be made to the Department.

Sub-para.(3) rep. by 1980 NI 8 art.16 sch.4 Pt.II

Para.8 rep. by 1980 NI 8 art.16 sch.4 Pt.II

Schedule 6Amendments. Schedule 7Repeals