The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007

Modification of the Decisions and Appeals Regulations 1999 N.I.

41.—(1) Subject to paragraph (2), the provisions in Chapters II to V of Part V of the Decisions and Appeals Regulations 1999 shall apply, in relation to the procedure to be followed in respect of appeals under Schedule 7 to the 2000 Act, to these Regulations as they apply for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

(a) as if for “the Department”, wherever it occurs, there were substituted “the relevant authority”;

(b) as if in regulation 50 after “Article 8(4)” there were inserted “of the 1998 Order”;

(c) as if in regulation 53(3) for sub-paragraph (b) there were substituted—

“(b) the conditions governing appeals to a Commissioner;”;

(d) as if in regulation 55(3) “or, as the case may be, a Child Support Commissioner” were omitted;

(e) as if in regulation 56—

(i) in paragraph (1) for “or the Child Support Order” there were substituted “of these Regulations”;

(ii) paragraph (3) were omitted;

(f) as if in regulation 57—

(i) in paragraph (1) for “or the Child Support Order” there were substituted “of these Regulations”;

(ii) in paragraph (3)—

(aa) in sub-paragraph (a)(i) after “regulation 53(3)”;

(bb) in sub-paragraph (a)(ii) after “regulation 53(4)”,

(iii) there were inserted “of the Decisions and Appeals Regulations 1999 as applied with modifications for the purposes of these Regulations by regulation 41”;

(g) as if in regulation 58(1) for “Article 13 or 14” there were substituted “paragraph 6 or 7 of Schedule 7 to the 2000 Act as applied with modifications for the purposes of these Regulations by regulation 40”;

(h) as if for regulation 58A there were substituted—

“58A.   A partner, within the meaning of section 2AA(7) of the Administration Act, may appeal to a Commissioner under paragraph 6 of Schedule 7 to the 2000 Act, as applied with modifications for the purposes of these Regulations by regulation 40, from a decision of an appeal tribunal in respect of a decision that—

(a) the partner of a person entitled to rate relief has failed to comply with a requirement to take part in an interview which applied to the partner by virtue of the regulations, or

(b) it has not been shown that the partner had good cause for such a failure.”.

(2) Regulations 38A, 41, 42, 44, 45, 52 and 54(13) shall not apply in relation to the procedure to be followed in respect of appeals under Schedule 7 to the 2000 Act.

Commencement Information

I1 Reg. 41 in operation at 1.4.2007, see reg. 1(1)