INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 72



72.(1) The Department of Health and Social Services and the Department acting
jointly may by regulations make provision for all or any of the purposes
mentioned in this paragraph with respect to payments to which this Article
applies and which are the subject of proceedings before an industrial tribunal
[and payments of remuneration in pursuance of a protective award made by an
industrial tribunal under Article 51], that is to say

(a)enabling the Department of Health and Social Services to recover from an
employer, by way of total or partial recoupment of unemployment benefit or
supplementary benefit, a sum not exceeding the amount of the prescribed
element of the monetary award [or the amount of the remuneration];

(b)requiring or authorising the tribunal to order the payment of such a sum,
by way of total or partial recoupment of either benefit, to the Department of
Health and Social Services instead of to the employee;

(c)requiring the tribunal to order the payment to the employee of only the
excess of the prescribed element of the monetary award over the amount of any
unemployment benefit or supplementary benefit shown to the tribunal to have
been paid to the employee, and enabling the Department of Health and Social
Services to recover from the employer, by way of total or partial recoupment
of the benefit, a sum not exceeding that amount.

(2) Without prejudice to paragraph (1), regulations under that paragraph may

(a)confer powers and impose duties on industrial tribunals, on [a benefit
officer within the meaning of the Supplementary Benefits (Northern Ireland)
Order 1977] and on insurance officers and other persons;

(aaa)provide for an employer who pays a sum to the Department of Health and
Social Services in pursuance of this Article to be relieved from any liability
to pay the sum to another person;]

(b)confer on an employee who is aggrieved by any decision of [such a benefit
officer] as to the total or partial recoupment of supplementary benefit in
pursuance of the regulations (including any decision as to the amount of
benefit) a right to appeal against the decision to an Appeal Tribunal
constituted [in accordance with the Supplementary Benefits (Northern Ireland)
Order 1977] and for that purpose apply [Article 20(3) and (4) of that Order
and regulations under Article 4(1A) of that Order] with or without
modifications;

(c)provide for the proof in proceedings before industrial tribunals (whether
by certificate or in any other manner) of any amount of unemployment benefit
or supplementary benefit paid to an employee.

(3) It is hereby declared for the avoidance of doubt that the power to make
regulations under section 114 of the Social Security (Northern Ireland) Act
1975 for the determination of questions arising in connection with that Act
includes power to make regulations for the determination of any question
arising as to the total or partial recoupment of unemployment benefit in
pursuance of regulations under paragraph (1) (including any decision as to the
amount of benefit).

(4) Where in pursuance of any regulations under that paragraph a sum has been
recovered by or paid to the Department of Health and Social Services by way of
total or partial recoupment of unemployment benefit or supplementary benefit

(a)section 119(1) [(2) and (2A)] of the Social Security (Northern Ireland) Act
1975 (repayment of benefit revised on review) shall not apply to the
unemployment benefit recouped; and

(5) Any amount found to have been duly recovered by or paid to the Department
of Health and Social Services in pursuance of regulations under paragraph (1)
by way of total or partial recoupment of unemployment benefit shall be paid
into the Northern Ireland National Insurance Fund.

(6) This Article applies

(a)to a payment of wages or compensation for loss of wages;

(b)to any payment under this Order [or the No. 2 Order] by an employer to an
employee or a payment by an employer to an employee of a nature similar to, or
for a purpose corresponding to the purpose of, any payment under this Order
[or the No. 2 Order].

(7) In this Article

"monetary award", in relation to an industrial tribunal, means the amount
which is awarded, or ordered to be paid, to the employee by the tribunal or
would be so awarded or ordered apart from any provision of regulations under
this Article;

"the prescribed element", in relation to any monetary award, means so much of
that award as is attributable to such matters as may be prescribed by
regulations under paragraph (1);

["supplementary benefit" has the same meaning as in the Supplementary Benefits
(Northern Ireland) Order 1977;]

"unemployment benefit" means unemployment benefit under the Social Security
(Northern Ireland) Act 1975.

Art.73 rep. by 1977 NI 11 art.21 sch. Arts.74, 75 rep. by 1976 NI 28 art.65(3)
sch.6

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 72