This is the formal parliamentary explanatory note- Bill 9 -EN (it is still 13 pages!). Click here for the full bill (it is a rather long legal document!).
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Arrangement of Clauses (Contents)
These notes refer to the Tax Credits Bill [Bill 9] as introduced in the House of
Commons on 10th December 1998
Tax Credits Bill
EXPLANATORY NOTES
INTRODUCTION
1. These explanatory notes relate to the Tax Credits Bill as introduced in the House of
Commons on 10th December 1998. They have been prepared by the Inland Revenue in order to
assist the reader of the Bill and to help inform debate on it. They do not form part of
the Bill and have not been endorsed by Parliament.
2. The notes need to be read in conjunction with the Bill. They are not, and are not meant
to be, a comprehensive description of the Bill. So where a clause or part of a clause does
not seem to require any explanation or comment, none is given.
SUMMARY AND BACKGROUND
3. This Bill provides for the introduction of:
Working Families Tax Credit (replacing Family Credit); and
Disabled Person's Tax Credit (replacing Disability Working
Allowance).
These new tax credits were announced by the Chancellor of the Exchequer in his Budget
Statement on 17 March 1998.
The new tax credits
4. Both the tax credits will be introduced from 5 October 1999. Initially they will be
paid by the Inland Revenue direct to recipients. In the case of employees, however, from 6
April 2000 the credits will, where appropriate, be paid by employers in wage packets. The
Bill includes the necessary provision for this. The self-employed will continue to receive
their tax credits direct from the Inland Revenue.
5. The level of the tax credits will be set by statutory instrument.
6. The Working Families Tax Credit will go to around 11/2 million families at a cost of
around £4.3 billion.
Working Families Tax Credit
7. The award of Working Families Tax Credit (WFTC) will be based on circumstances at the
date of the claim and will run for 26 weeks. The main qualifications for entitlement will
be that claimants must be working at least 16 hours a week and be responsible for
children. It is available to both lone parents and those with a partner.
8. The WFTC will consist of:
(i) an adult tax credit;
(ii) child tax credits for each child in the family (varying depending on the age of the
child);
(iii) a 30 hour tax credit (if more than 30 hours a week are worked);
(iv) a childcare tax credit, providing help towards childcare costs.
9. The childcare tax credit is new (replacing the childcare disregard currently within
Family Credit). It will provide 70% of eligible childcare costs up to a maximum spent of
£100 a week for one child, and £150 for two or more children.
10. The total amount of the tax credit award will be withdrawn at the rate of 55 pence for
each additional £1 of net earnings over a threshhold - income net of income tax and NIC,
of £90 per week.
Disabled Person's Tax Credit
11. Disabled Person's Tax Credit (DPTC) is similar to WFTC but eligibility will be based
on disability
affecting the applicant's ability to work rather than responsibility for children - other
eligibility rules will be the same. As with WFTC an award will be based on circumstances
at the date of claim and run for 26 weeks. In addition to the tax credits making up the
WFTC (including the new childcare tax credit) the DPTC will have:
a couple's tax credit, and
a disabled child's tax credit
12. The total of these is the maximum award but, where earnings calculated under the rules
exceed a threshold, DPTC - like WFTC - will be withdrawn at 55 pence for every additional
pound of net earnings. Unlike WFTC, the DPTC will have separate thresholds for single
people and couples.
13. Like WFTC, the legislation establishes that it will be introduced in October 1999 and
from April 2000 it will be paid, where appropriate, by employers through the wage packet.
THE BILL
14. The Bill:
replaces Family Credit (FC), and Disability Working Allowance (DWA), benefits currently
administered by the DSS with Working Families Tax Credit (WFTC) and Disabled Person's Tax
Credit (DPTC);
provides for the administration of the tax credits from October 1999 by the Inland
Revenue;
provides that from April 2000 payment of the tax credits will be through the wage packet -
the Bill includes powers to make regulations requiring employers to administer payments of
WFTC and DPTC;
provides for the protection of employees' rights not to suffer unfair dismissal or other
detriment;
provides for appeals on WFTC and DPTC claims to be heard by the new unified appeal
tribunals
established under the Social Security Act 1998, as they have the necessary experience to
deal with the cases which come before them;.
provides for necessary exchanges of information between Inland Revenue and Department of
Social Security for the purposes of the new tax credits and the remaining social security
benefits to enable the business to be carried on;
ensures the security of WFTC and DPTC and combats fraud, using compliance provisions drawn
from both the current social security legislation and the wider tax system; and
provides for WFTC and DPTC to be excepted matters for Northern Ireland, and outside the
legislative competence of the Northern Ireland Assembly. This is because the tax credits
will be administered by the Inland Revenue as part of the tax system.
15. The greater part of the Bill consists of amendments to existing legislation:
principally the Social Security Contributions and Benefits Act 1992 and the Social
Security Administration Act 1992 (and the corresponding Northern Ireland legislation) and
the Taxes Management Act 1970.
COMMENTARY ON CLAUSES
Clause 1: Certain benefits to be known as tax credits
Clause 1(1) effectively converts the existing benefits into tax credits.
Clause 1(2) gives effect to Schedule 1 which contains the detailed references to family
credit and disability working allowance which need to be changed.
Clause 2: Transfer of functions relating to tax credits
Clause 2(1) and Schedule 2 Parts I, II and III provide for a transfer of functions
relating to the tax credits. Much of the detail of the social security legislation for FC
and DWA is in subordinate legislation. The primary legislation therefore contains a large
number of regulation making powers. In order that WFTC and DPTC can be administered by the
Inland Revenue these powers, insofar as they relate to WFTC and DPTC, need to be
transferred. Clause 2(1) transfers the purely administrative powers to the Board of Inland
Revenue, and powers affecting the levels of WFTC and DPTC to the Treasury. Functions
relating to the making of decisions go to Officers of the Board of Inland Revenue.
Clause 2(2) provides that functions relating to periods of awards which begin before 5
October 1999 will not transfer. They will remain with the Secretary of State for Social
Security, but may be exercised by the Inland Revenue on behalf of the Secretary of State.
This is because awards run for a period of 26 weeks and therefore on the transfer there
will be awards in payment which were authorised before the transfer. Payments authorised
under rules prevailing before 5 October will be paid from the DSS vote.
Clause 2(3) makes provision for Schedule 2 Part IV which modifies certain enactments for
the purposes of WFTC and DPTC.
Clause 2(4) gives effect to Part V of Schedule 2, which provides for the detailed
consequential amendments needed to provisions in social security legislation which apply
to benefits generally, so that they can be applied for the purposes of WFTC and DPTC.
Clause 3: Property, rights and liabilities
Clause 3(1) provides that the property, rights and liabilities relating to the functions
being transferred to the Treasury will also be transferred. The primary purpose of this is
to allow for the transfer of contracts.
Clause 3(2) is the same provision as clause 3(1), in relation to the functions being
transferred to the Board.
Clause 3(3) limits the transfer so that it does not apply to property, rights or
proceedings which are subject to proceedings commenced before the transfer takes effect.
Clause 3(4) provides for the transfer of staff currently employed in the Northern Ireland
Civil Service to the Home Civil Service. This will be by Order in Council.
Clause 3(5) provides that the statutory instrument containing the Order shall be made by
negative resolution by both Houses of Parliament.
Clause 4: General functions of Board
Clause 4(1) provides that WFTC and DPTC shall be under the care and management of the
Board.
Clause 4(2) amends the Exchequer and Audit Departments Act 1866 to allow for payments of
WFTC and DPTC to be made from tax receipts.
Clause 4(3) provides that tax credit is included within the meaning of inland revenue for
the purposes of the Inland Revenue Regulation Act 1890. That Act provides for the Board's
powers and responsibilities.
Clause 4(4) allows the Board to appoint collectors, officers and other persons for the
purpose of paying and managing WFTC and DPTC.
Clause 4(5) provides that the Board of Inland Revenue will have a duty to account for the
tax credits, distinguishing between amounts of WFTC and DPTC.
Clause 4(6) provides that the declaration of secrecy taken by members of staff and General
and Special Commissioners will include tax credits.
Clause 4(7) provides for the accounting arrangements provided for in clause 4(2) to take
precedence over the accounting arrangements provided for in s.163(2) of the Social
Security Administration Act 1992.
Clause 5: Payments of tax credits by employers
Clause 5(1) establishes the responsibility of employers to make payments of tax credits
awarded to their employees in accordance with regulations to be made by the Board.
Clause 5(2) provides for regulations to be made relating to the making of these payments.
In particular the regulations may require employers to:
make payments of tax credits as notified by the Board of
Inland Revenue
produce wage sheets and other documentation to verify
payments of tax credits;
provide employees with information relating to the tax
credits paid to them.
The regulations may also provide for:
funding by the Board of employers, either before or after
they pay
the tax credit. The means by
which this funding may be provided
include set-off against
income tax or national insurance for which
the employer is accountable
to the Board;
recovery of overpayments of funding to employers;
calculation and payment of interest on amounts due to or
from the Board;
appeals relating to matters covered in the regulations.
Clause 5(3) specifies that regulations made under this section may make provision
for different cases and circumstances. The regulations will be made by statutory
instrument which will be subject to the negative resolution procedure.
Clause 5(4) provides that the section is to come into force on 6 April 2000. Although the
WFTC and DPTC will be introduced in October 1999, payment by employers will not begin
until April 2000. This will give employers time to make the necessary adjustments to their
payroll systems.
Clause 6: Rights not to suffer unfair dismissal or other detriment
Clause 6 gives effect to Schedule 3. This gives provision for the rights of employees not
to suffer unfair dismissal or other detriment as a consequence of the obligations imposed
on employers by clause 5.
Clause 7: Powers to obtain information
Clause 7(1) provides that s.20 and s.20B of the Taxes Management Act 1970 (TMA) will apply
in relation to employers' compliance with the regulations under clause 5. These sections
relate to the powers of the Inland Revenue to call for documents. Provision for penalties
for non compliance in relation to tax credits are in clause 8(3)(c) and (5)(c).
Clause 7(2) provides for consequential changes to references in s.20 and s.20B for the
purposes of applying those sections to the tax credit regulations for employers.
Clause 8: Penalties for fraud etc. and failures to comply
Clause 8 contains the sanctions to deter fraud and support the Inland Revenue's powers of
investigation. The provisions for imposing the penalties and appeals against them are
contained in Schedule 4.
Clause 8(1) provides that a person will be liable to a penalty if they fraudulently or
negligently make a false statement or declaration in relation to a claim. The penalty will
not exceed the amount specified in clause 8(2).
Clause 8(2) provides that the amount of the penalty will not exceed the difference between
the amount of tax credit the claimant is actually entitled to and the amount he would have
been entitled to if the claim had been correct. Clause 8(1) and (2) reproduce the effect
of s.95 of TMA, in relation to the tax credits. Appeals against these penalties will be to
the unified appeal tribunals set up by the Social Security Act 1998.
Clause 8(3) provides for a penalty for failure to provide information, or produce or
deliver documents. It applies to:
the information powers in the Social Security Administration Act
1992 and
corresponding Northern Ireland provisions (clause 8(3)(a));
regulations relating to employers under clause 5 (clause
8(3)(b));
the use of s.20 of TMA for employer compliance (clause 8(3)(c)).
For (a) and (c), no penalty can be imposed after the offence is remedied. For (b), an
initial penalty can be imposed, but no continuing penalty, after the offence has been
remedied. This follows the approach of s.98 of TMA, which distinguishes obligations based
on notices from other obligations. Appeals against these penalties under clause 8(3)(a)
will be to the unified appeal tribunals set up by the Social Security Act 1998 or the
corresponding Northern Ireland legislation. Appeals against penalties under clause 8(3)(b)
or (c) will be to the tax commissioners.
Clause 8(4) provides the amount of the penalty to be imposed under clause 8(3). This will
be a penalty not exceeding £300, and if the failure continues, further penalties not
exceeding £60 a day for each day the failure continues. This mirrors the penalties in
s.98(1) of TMA.
Clause 8(5) provides that a person shall be liable to a penalty, not exceeding £3000, for
fraudulently or negligently furnishing, producing or delivering incorrect information.
Like clause 8(3) it applies to:
the information powers in the Social Security
Administration Act 1992 or the
corresponding
Northern Ireland legislation (clause 8(5)(a));
regulations relating to employers under clause 5
(clause 8(5)b));
the use of s.20 of TMA for employer compliance
(clause 8(5)(c).
This mirrors the provisions in s.98(2) of TMA. Appeals against these penalties under
clause 8(5)(a) will be to the unified appeal tribunals set up by the Social Security Act
1998. Appeals against the penalties under clause 8(5)(b) or (c) will be to the tax
commissioners.
Clause 8(6) provides for a penalty to be imposed where an employer refuses or repeatedly
fails to make payments of tax credits, so that the Inland Revenue has to take over direct
payment. The penalty will be an amount not exceeding £3000. Appeals against these
penalties will be to the tax commissioners.
Clause 8(7) provides for a penalty to be imposed where an employer fraudulently or
negligently makes or receives incorrect payments of tax credits; or delivers an incorrect
return. The penalty will only be applicable once in respect of each employee, and will not
cover matters already dealt with under clause 8(6), where the Revenue has had to
intervene. Appeals against these penalties will be to the tax commissioners.
Clause 9: Penalties: supplementary
Clause 9(1) provides that no penalty under clause 4 in relation to failures (to furnish
information, evidence or documents) under clause (3)(a) or (c) shall be imposed after the
failure has been remedied. This includes the penalty for initial failure, and the
penalties for continuing failure. For failure under clause 8(3)(b) the continuing penalty
is prevented once the failure has been remedied, but the initial penalty may be imposed.
The penalty under clause 8(3)(b) is for failures in relation to employers regulations.
Clause 9(2) provides that a penalty under clause 8(7) shall not be imposed until the end
of the tax year, and only one penalty in relation to any one employee can be imposed for
any tax year.
Clause 9(3) provides that s.118(2) of TMA shall apply for penalties under clause 8(3) and
(6). This allows for extra time to remedy a failure and for a reasonable excuse for
failure to comply.
Clause 9(4) gives effect to Schedule 4. This gives details of the procedure for imposing
penalties and appeals against them.
Clause 10: Liability of company directors etc.
Clause 10(1) provides for ss.121C and 121D of the Social Security Administration Act 1992
(and
corresponding Northern Ireland provisions) to apply in relation to the tax credits. This
will relate to liability of directors for tax credits and allows for transfer of
responsibility for unpaid tax credit debt to directors where they are considered to have
acted in a fraudulent or negligent way. It provides for a notice to be served requiring
payment of a proportion of the outstanding tax credits, and for appeals against a notice
served under s.121C. The clause applies the provision to prevent use of tax credits by
directors for their own use.
Clause 10(2) provides for amendments to apply the sections to the tax credits, so that the
references are to officers of the Board of Inland Revenue, and powers under the sections
are transferred to the Board in relation to the tax credits.
Clause 10(3) provides that regulations made under clause 10(2) shall be by negative
procedure by both Houses of Parliament.
Clause 11: Disclosure of information
Clause 11(1) provides that the Inland Revenue's general restrictions on disclosure of
information apply to the Inland Revenue's tax credit functions. The rest of the clause
gives the detailed amendments needed to the disclosure provisions.
Clause 11(2) amends subsection (1) of s.182 of the Finance Act 1989 ("FA 1989"),
to provide for it to be an offence to disclose information in respect of any identifiable
person which is held or has been held in the exercise of functions relating to WFTC/DPTC,
in addition to the current provision referring to tax functions.
Clause 11(3) adds a new subsection (2AA) to s.182 of FA 1989 to specify that tax credit
functions refers to the functions of working families tax credit and disabled person's tax
credit.
Clause 11(4) amends s.182(4) of FA 1989 to provide that it is also an offence to disclose
information relating to the tax credits held by the National Audit Office and the
Parliamentary Commissioner for Administration in the exercise of their functions.
Clause 11(5) amends s.182(5) of FA 1989 to provide that it is not an offence to disclose
WFTC/DPTC information with the consent of the person to whom the information refers.
Clause 11(6) provides for Schedule 5 to have effect. This deals with the use and exchange
of information
Clause 12: Documents and forms
This allows documents and forms which refer to Family Credit and Disability Working
Allowance to be used after the transfer in relation to payment periods beginning before 5
October 1999. This is to allow for the situation where work is continuing on outstanding
awards of FC/DWA after the transfer of functions.
Clause 13: Persons qualifying for disabled person's tax credit
This clause gives disabled people a longer time (182 days instead of 56) in which to find
a job (and thus qualify for DPTC) after other benefits have been withdrawn because of an
improvement in their condition.
Clause 14: Scotland and Northern Ireland
Clause 14(1) provides for WFTC and DPTC to be excepted matters under the Northern Ireland
Act 1998 and outside the legislative competence of the Northern Ireland Assembly. Tax
matters in general are excepted from the authority of the Northern Ireland Assembly and
administered on a UK wide basis by the Inland Revenue. As WFTC/DPTC will be administered
by the Inland Revenue, it has been agreed that they should be excepted matters.
Clause 14(2) and (3) provide that the Northern Ireland Assembly may amend or repeal the
Employment Rights (Northern Ireland) Order 1996, as amended or applied by Schedule 3 to
the Bill, provided that the amendment or repeal affects employment rights generally. The
fact that WFTC/DPTC are excepted matters would otherwise prevent this.
Clause 15: Financial provisions
Clause 15 is a "sink of italics". Its sole purpose is to avoid the need to
italicise the provisions of the Bill that will lead to expenditure by the Board, or
increased payments out of Votes or into the Consolidated Fund under other Acts.
Clause 16: Interpretation
Clause 16 defines certain terms used in the Bill.
Clause 17: Transitional Provisions, savings and repeals
This clause provides powers to make regulations for transitional purposes.
Clause 17(1) provides that the Board or Treasury may make regulations under the powers
transferred in clause 2(1) at any time after the Act is passed, if the regulations only
come into force after the commencement date. This allows the regulations to be in place,
ready to operate from the commencement date.
Clause 17(2) ensures the validity of things done on behalf of the Secretary of State, or
by the Department of Health and Social Services for Northern Ireland, before the transfer
date in relation to the tax credits, and enables the actions to be continued by the Board,
or by an officer of the Board, after transfer.
Clause 17(3) provides that things done before transfer on behalf of the Secretary of
State, or by the Department of Health and Social Services for Northern Ireland, should be
treated as if they were performed by the Treasury, Board or by an officer of the Board in
order to allow administration to continue.
Clause 17(4) provides for Schedule 6, with the details of the necessary repeals, to have
effect.
Clause 18: Short title, commencement and extent.
Clause 18(2) provides for the Act to come into force on 5 October 1999 except for the
transitional provision in clause 17(1), which comes into force on the passing of the Act,
and the provisions relating to the requirement for employers to pay the tax credits which
come into force on 6 April 2000.
Clause 18(3) provides for the Act to extend to Northern Ireland.
Schedules
The Schedules provide the details of the amendments to the social security legislation
which are needed to effect the renaming and the transfer of functions.
Schedule 1: Provisions consequential on renaming of benefits
This Schedule provides for the substitution of Working Families Tax Credit for Family
Credit, and Disabled Person's Tax Credit for Disability Working Allowance, and lists the
references where this substitution needs to take place.
Schedule 2: Transfer of functions
Part I: Provisions conferring functions transferred to the Treasury lists
the references to the functions which are transferring to the Treasury. These functions
are those relating to the entitlement and level of the tax credits.
Part II: Provisions conferring functions transferred to officers of the
Board lists the references to the functions which are being transferred to an officer of
the Board of Inland Revenue. These functions are those of, and related to, making and
revising decisions on claims for WFTC/DPTC.
Part III: Provision conferring functions transferred to the Board
provides for the transfer to the Board of the remainder of the functions which are to be
transferred, which are not referred to in Part I or II. Paragraph 9 in Part III transfers
to the Board functions contained in existing subordinate legislation made under the
provisions listed in Part I or Part III.
Part IV: Modification of enactments
Paragraph 10 amends s.71 of the Social Security Administration Act 1992, and corresponding
provision for Northern Ireland. This section relates to recovery of overpayments of
benefits and the amendment provides that amounts of tax credits which are recoverable (as
a result of a misrepresentation or failure to disclose) shall be recoverable as if they
were tax charged in an assessment. The provisions of Part VI of TMA will apply to them in
relation to collection and recovery. They will be recoverable through PAYE codes. They
will bear interest, where a penalty has also been charged under clause 8(1).
Paragraph 11 provides that s.110 of the Social Security Administration Act 1992 and
corresponding Northern Ireland provisions shall not apply. These relate to the appointment
and powers of inspectors for duties in relation to benefits.
Paragraph 12 provides that s.111 of the Social Security Administration Act 1992 and
corresponding Northern Ireland provisions shall not apply. These relate to obstruction of
an inspector in carrying out duties in relation to benefits.
Paragraph 13 provides that ss.111A and 112 of the Social Security Administration Act 1992
and
corresponding Northern Ireland provisions shall not apply. These relate to offences for
dishonest and fraudulent representations.
Paragraph 14 provides that s.113 of the Social Security Administration Act 1992 and
corresponding Northern Ireland provisions shall not apply. These relate to offences in
relation to breach of the regulations under the Acts.
Paragraph 15 provides that s.115A of the Social Security Administration Act 1992 and
corresponding Northern Ireland provisions shall not apply. These provide for penalties to
be imposed as an alternative to prosecution.
Paragraph 16 provides that ss.182A and 182B of the Social Security Administration Act 1992
and
corresponding Northern Ireland provisions shall not apply. These relate to the redirection
of Social Security post and allow the Secretary of State to require the Post Office to
provide information about redirection.
Paragraph 17 amends s.6 of the Child Support Act 1991 (and the corresponding provision for
Northern Ireland) to remove the obligation to co-operate in seeking maintenance from an
absent parent, and the consequential penalty for refusal in relation to claimants to WFTC.
Paragraph 18 amends the Social Security (Recovery of Benefits) Act 1997 (and the
corresponding provision for Northern Ireland) to remove Disability Working Allowance from
the list of prescribed benefits. Where compensation is paid for an accident injury or
disease and the person receiving the compensation has also received benefits in respect of
that same injury accident or disease, the compensator must repay the amount of the
relevant benefit. This obligation is removed for DPTC. Paragraph 18(2) provides that where
the payments relate to periods beginning before 5 October 1999, the 1997 Act and
corresponding Northern Ireland legislation still apply. This allows for old payments of
DWA to be recovered.
Paragraph 19 provides that s.27 of the Social Security Act 1998 and the corresponding
Northern Ireland legislation do not apply to WFTC/DPTC. This provides for restrictions to
be made on the arrears which would fall to be paid where the outcome of an appeal
overturns an understanding of the law.
Part V: Consequential provisions - this Part gives details of consequential
provisions.
Paragraph 20 -23 - certain references in social security legislation to the Secretary of
State or the Department of Health and Social Services for Northern Ireland need to be
converted in relation to the tax credits to references to the Treasury, the Board, or
officers of the Board because the function in question has been transferred by Clause
2(1). The references are converted by paragraphs 20-23.
Paragraph 24 replaces references in s.123(2) of the Social Security Contributions and
Benefits Act 1992 to the local offices of the Department of Social Security with
references to offices of the Inland Revenue in relation to the obligation to provide
copies of the WFTC scheme in local offices. As the scheme will be an Inland Revenue
responsibility the responsibility for providing this should be with IR offices.
Paragraph 25 provides that s.175(7) of the Social Security Contributions and Benefits Act
1992 no longer applies to regulations made by the Treasury under Clause 2(1). This
provides for certain regulations to be made in conjunction with the Treasury, and this is
no longer necessary in the case of regulations which are themselves made by the Treasury.
Paragraph 26 states that the provision for adjustment between the National Insurance Fund
and the Consolidated Fund shall no longer apply. This is not necessary as WFTC/DPTC will
be paid for from tax receipts.
Paragraph 27 provides that the provision requiring Treasury consent for certain
instruments does not apply for the orders to be made by the Treasury under Clause 2 of the
Bill.
Paragraphs 28-38 relate to Northern Ireland provisions
Paragraph 28 replaces references to social security offices of the Department of Health
and Social Services for Northern Ireland with references to offices of the Board. This is
the equivalent provision in Northern Ireland to that in paragraph 24.
Paragraph 29 provides that power to make regulations under the Social Security
Contributions and Benefits (Northern Ireland) Act 1992 in relation to WFTC/DPTC is
exercisable by statutory instrument rather than by statutory rule, which is the normal
procedure for NI orders, but would involve the Assembly. As WFTC/DPTC are excepted matters
this is not appropriate.
Paragraph 30 allows that the Treasury may direct that a power transferred to the Board
relating to tax credits must be exercised in conjunction with them.
Paragraph 31 makes provision in relation to the Social Security Administration (Northern
Ireland) Act 1992 similar to that made for the Social Security Contributions and Benefits
(Northern Ireland) Act 1992 by paragraph 29.
Paragraph 32 provides that statutory instruments made under the Administration Act will be
subject to negative procedure before both Houses, unless it is specifically subject to
affirmative procedure.
Paragraph 33 provides for statutory instruments relating to the up-rating of working
families tax credit or disabled person's tax credit to be by affirmative procedure.
Paragraph 34 is the same provision in relation to Northern Ireland as that in paragraph
26.
Paragraph 35 is the same as paragraph 30 in relation to Northern Ireland.
Paragraph 36 gives the same provisions in relation to making regulations under the Social
Security (Northern Ireland) Order 1998 as is provided in paragraph 30.
Paragraph 37 makes the same provision in relation to the Social Security (Northern
Ireland) Order 1998 as is provided in paragraph 33. It also provides that the Assembly
have no authority for these statutory instruments.
Paragraph 38 is similar to paragraph 32, but applies to statutory instruments under the
Social Security (Northern Ireland) Order 1998.
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