The Social Security and Child Support (Decisions and Appeals) and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1999

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

3.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 3 (revision of decisions)—

(a) in paragraph (1) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

“(a) it commences action leading to the revision within one month of the date of—

(i) notification of the original decision, or

(ii) the bringing of an appeal under Article 13 provided that the appeal is brought within the time prescribed in regulation 31 or, in a case to which regulation 32 applies, the time prescribed in that regulation; or”; and

(b) for paragraph (9) there shall be substituted the following paragraph—

“(9) Paragraph (1) shall not apply in respect of—

(a) a relevant change of circumstances which occurred since the decision was made or where the Department has information or evidence which indicates that a relevant change of circumstances will occur; or

(b) a decision which relates to an attendance allowance or a disability living allowance where the person is terminally ill, within the meaning of section 66(2)(a) of the Contributions and Benefits Act, unless an application for revision which contains an express statement that the person is terminally ill is made either by—

(i) the person himself, or

(ii) any other person purporting to act on his behalf whether or not that other person is acting with his knowledge or authority,

but where such an application is received a decision may be so revised notwithstanding that no claim has been made under section 66(1) or, as the case may be, 72(5) or 73(12) of that Act.”.

(3) In regulation 6 (supersession of decisions)—

(a) in paragraph (2) for sub-paragraph (f) there shall be substituted the following sub-paragraph—

“(f) is a decision that a jobseeker’s allowance is payable to a claimant where that allowance ceases to be payable by virtue of Article 21(1) of the Jobseekers Order; or”; and

(b) in paragraph (6) after sub-paragraph (b) there shall be added—

“or

(c) the fact that a person has become terminally ill, within the meaning of section 66(2)(a) of the Contributions and Benefits Act, unless an application for supersession which contains an express statement that the person is terminally ill is made either by—

(i) the person himself, or

(ii) any other person purporting to act on his behalf whether or not that other person is acting with his knowledge or authority,

and where such an application is received a decision may be so superseded notwithstanding that no claim has been made under section 66(1) or, as the case may be, 72(5) or 73(12) of that Act.”.

(4) In regulation 7 (date from which a decision superseded under Article 11 takes effect) for paragraph (8) there shall be substituted the following paragraph—

“(8) A decision to which regulation 6(2)(f) applies shall take effect—

(a) where Article 21(2) of the Jobseekers Order applies, from the beginning of the period specified in regulation 69 of the Jobseeker’s Allowance Regulations; or

(b) where Article 21(3) of the Jobseekers Order applies, from the beginning of the period determined in accordance with that paragraph.”.

(1)

S.R. 1999 No. 162, to which there are amendments not relevant to these regulations