The Social Security and Child Support (Decisions and Appeals) (Amendment No. 2) Regulations (Northern Ireland) 1999

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999.

Regulation 3(5) is amended to provide that revision of disability or incapacity related benefits decisions can take place on grounds of error of law or ignorance of, or mistake as to, a material fact connected with the claimant’s condition where the claimant or recipient of the benefit knew, or could reasonably have been expected to know, of the fact and that it was relevant to the original decision (regulation 2(3)).

Regulation 6(2) is amended to provide that a ground for superseding a decision where there has been a determination as to a person’s incapacity for work by applying the all work test may be the receipt of new medical evidence from a doctor approved by the Department of Health and Social Services (regulation 2(4)).

Regulation 7(2)(c) is amended to provide that where the supersession is of a decision on disability or incapacity related benefits on grounds connected with the claimant’s condition and the claimant or recipient of the benefit knew, or could reasonably have been expected to know, of a relevant change of circumstances which he was required to report the effective date of the supersession is the date from which the change, or, if more than one, the first change, ought to have been notified (regulation 2(5)).

A new regulation 7A is inserted to provide that revision and supersession rules apply to revised entitlement to benefit where entitlement to, or payment of, another benefit is a condition and entitlement to that benefit ceases or reduces as a result of a revision under regulation 3(2)(c) or a supersession under regulation 6(2) to which regulation 7(2)(c)(ii) applies (regulation 2(6)).

Regulation 20 is amended to provide for benefit suspended under regulation 17 to be paid when the requirements of that regulation have been satisfied (regulation 2(7)).

Articles 10(1) and (4), 11(3) and (6) and 21(1)(b) of the Social Security (Northern Ireland) Order 1998, the enabling provisions under which these Regulations are made, were brought into operation, for the purpose only of authorising the making of regulations on 10th March 1999, by virtue of the Social Security (1998 Order) (Commencement No. 4) Order (Northern Ireland) 1999 (S.R. 1999 No. 102 (C. 13)). As the Regulations are made before the end of the period of 6 months from the commencement of that provision, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from reference to the Social Security Advisory Committee.