The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

Suspension in prescribed cases

16.—(1) Subject to paragraph (2), the Department may suspend payment of a relevant benefit, in whole or in part, in the circumstances prescribed in paragraph (3).

(2) The Department shall suspend payment of a jobseeker’s allowance in the circumstances prescribed in paragraph (3)(a)(i) or (ii) where the issue or one of the issues is whether a person, who has claimed a jobseeker’s allowance, is or was available for employment or whether he is or was actively seeking employment.

(3) The prescribed circumstances are that—

(a) it appears to the Department that—

(i) an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled,

(ii) an issue arises whether a decision as to an award of a relevant benefit should be revised under Article 10 or superseded under Article 11,

(iii) an issue arises whether any amount paid or payable to a person by way of, or in connection with a claim for, a relevant benefit is recoverable under section 69, 69A or 72 of the Administration Act(1) or regulations made under any of those sections, or

(iv) the last address notified to it of a person who is in receipt of a relevant benefit is not the address at which that person is residing; or

(b) an appeal is pending against—

(i) a decision of an appeal tribunal, a Commissioner or a court, or

(ii) a decision given in a different case by a Commissioner or a court, and it appears to the Department that, if the appeal were to be determined in a particular way, an issue would arise as to whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.

(4) For the purposes of Article 21(3)(c) an appeal is pending where the Department certifies in writing that it proposes—

(a) to make a request under regulation 53(4) for a statement of reasons for a decision of an appeal tribunal;

(b) to bring an appeal against the decision; or

(c) to bring an appeal against a decision in a different case and, if that appeal were to be allowed, an issue would arise as to whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.

(5) In this regulation “Commissioner” includes a Commissioner within the meaning of section 39(1) of the Social Security Act 1998.

(1)

Section 69 was amended by Article 33(1) of, and paragraph 31 of Schedule 2 to, the Jobseekers (Northern Ireland) Order 1995 and section 2(2) to (4) of the Social Security (Overpayments) Act 1996 (c. 51); section 69A was inserted by Article 20 of the Jobseekers (Northern Ireland) Order 1995; section 72 was amended by paragraph 33 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995