The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1997

Amendment of the Social Security (Adjudication) Regulations

4.—(1) The Social Security (Adjudication) Regulations (Northern Ireland) 1995(1) shall be amended in accordance with paragraphs (2) to (11).

(2) In regulation 52(b) (review on ground of unforeseen aggravation) for “both for the period mentioned in paragraph (a) and any time after that period” there shall be substituted “for the period of one month before the date of the application for review, and for any time after that date”.

(3) In regulation 57 (date from which revised decision has effect on a review in specified circumstances)—

(a) in paragraph (2) for “28(2)(a) and (4) and 33(1)(a)” there shall be substituted “28(2)(a), (4) and (5)(a) and 33(1)(a) and (3)(a)”; and

(b) in paragraphs (3) and (4) after “28(2)(d)” there shall be inserted “and (5)(c)”.

(4) In regulation 59 (review of decisions involving payment or increase of benefit other than industrial injuries benefit (except reduced earnings allowance), income support, jobseeker’s allowance, family credit or disability working allowance)—

(a) in paragraph (1) for the words from “a date not earlier than” to the end there shall be substituted “a date not earlier than one month before the date of the application for the review.”;

(b) after paragraph (1) there shall be inserted the following paragraphs—

“(1A) A determination on a claim or question relating to incapacity benefit may be revised on a review so as to increase the amount of incapacity benefit payable in respect of a period which falls more than one month before the date of the application for the review where the reason for the revised determination is that section 30B(4)(b) of the Contributions and Benefits Act(2) applies to the claimant because he has become entitled to the highest rate of the care component of disability living allowance.

(1B) A determination on a claim or question relating to incapacity benefit or severe disablement allowance may be revised on a review so as to make incapacity benefit or severe disablement allowance payable in respect of a period which falls more than one month before the date of the application for the review where on a review under section 23(1)(a) of the Administration Act, it is determined that the claimant is to be treated as incapable of work under regulation 10 of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 (certain persons with a severe condition to be treated as incapable of work).”;

(c) paragraph (2) shall be omitted;

(d) for paragraph (3) there shall be substituted the following paragraph—

“(3) A review may have effect from a date earlier than one month before the date of the application where—

(a) regulation 57 or 58 applies; or

(b) it is certified in the decision on review that the original decision was revised by reason only of—

(i) a matter specified in section 15(1)(b) of the Administration Act, or

(ii) a matter relating to the number of days in respect of which the claimant was entitled or deemed to be entitled to short-term incapacity benefit.”; and

(e) in paragraph (5)(c) for “three months” there shall be substituted “one month”.

(5) In regulation 60(1) (review of decisions involving payment or increase of industrial injuries benefit, except reduced earnings allowance) for the words from “have effect” to the end there shall be substituted “have effect from such date as may be specified in that decision, being a date not earlier than one month before the date of the application for the review.”.

(6) In regulation 62 (period to be taken into account by assessments revised on ground of unforeseen aggravation) for “three months” there shall be substituted “one month”.

(7) In regulation 63 (review in income support cases)—

(a) in paragraph (1)—

(i) after “regulation 58 applies,” there shall be inserted “and subject to paragraph (1A),”, and

(ii) for “12 months” in both places where it occurs there shall be substituted “one month”; and

(b) after paragraph (1) there shall be inserted the following paragraph—

“(1A) A determination on a claim or question relating to income support may be revised on a review so as to make income support payable, or to increase the claimant’s applicable amount under Part IV of the Income Support Regulations, or to increase the amount of income support payable, in respect of a period which falls more than one month before the date on which the review was requested, or, where no request is made, the date of the review (“the one month period”) where—

(a) the reason for the revised determination is that the claimant has become entitled to another benefit; and

(b) arrears of that other benefit are payable in respect of a period before the one month period.”.

(8) In regulation 63A(3) (review in jobseeker’s allowance cases)—

(a) in paragraph (1)—

(i) for “paragraph (2)” there shall be substituted “paragraph (1A)”,

(ii) sub-paragraph (a) shall be omitted,

(iii) in sub-paragraph (b) for “in a case not falling within sub-paragraph (a), any period which falls not more than 12 months” there shall be substituted “any period which falls more than one month”, and

(iv) in sub-paragraph (c) for “in any case, any past period which falls within the period of 12 months” there shall be substituted “any past period which falls within the period of one month”;

(b) after paragraph (1) there shall be inserted the following paragraph—

“(1A) A determination on a claim or question relating to jobseeker’s allowance may be revised on a review so as to make jobseeker’s allowance payable, or to increase the claimant’s applicable amount under Part VII of the Jobseeker’s Allowance Regulations, or to increase the amount of jobseeker’s allowance payable, in respect of a period which falls more than one month before the date on which the review was requested, or, where no request is made, the date of the review (“the one month period”) where—

(a) the reason for the revised determination is that the claimant has become entitled to another benefit; and

(b) arrears of that other benefit are payable in respect of a period before the one month period.”; and

(c) paragraph (2) shall be omitted.

(9) In regulation 65 (review in family credit cases) for “12 months” there shall be substituted “one month”.

(10) In regulation 66(2) (review in disability working allowance cases) for “12 months” there shall be substituted “one month”.

(11) For regulation 67 (review in social fund maternity, funeral or heating expenses cases) there shall be substituted the following regulation—

“Review in social fund maternity or funeral expenses cases

67.   Except in a case to which regulation 57(2), (3) or (4) or regulation 58 applies, a determination on a claim or question relating to maternity or funeral expenses out of the social fund under Part VIII of the Contributions and Benefits Act shall not be revised on review under sections 23 to 27 and 67 of the Administration Act so as to make such expenses payable or to increase the amount of such expenses payable in respect of a determination of a claim for such expenses where the application for review was made more than one month after the expiry of the time for claiming the payment in respect of the expenses under Schedule 4 to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (prescribed times for claiming benefit).”.

(1)

S.R. 1995 No. 293; relevant amending regulations are S.R. 1996 Nos. 57, 288 and 355

(2)

Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(3)

Regulation 63A was inserted by regulation 2(6) of S.R. 1996 No. 355 and amended by regulation 3(3) of S.R. 1996 No. 432 and regulation 2 of S.R. 1996 No. 499