The Social Security (Loss of Benefit) (Consequential Amendments) Regulations (Northern Ireland) 2002

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

7.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Order” there shall be inserted the following definition—

““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

(3) In regulation 3 (revision of decisions) after paragraph (8) there shall be inserted the following paragraph—

“(8A) Where a court convicts a person of an offence, that conviction results in a restriction being imposed under section 6, 7 or 8 of the Fraud Act (loss of benefit provisions) and that conviction is quashed or set aside by that or any other court, a decision of the Department under Article 9(1)(a) or 11 made in accordance with regulation 6(2)(i) or (j) may be revised at any time.”.

(4) In regulation 6(2) (supersession of decisions) after sub-paragraph (h)(2) there shall be added the following sub-paragraphs—

“(i) is a decision of the Department that a sanctionable benefit is payable to a claimant where that benefit ceases to be payable or falls to be reduced under section 6 or 8 of the Fraud Act and for this purpose “sanctionable benefit” has the same meaning as in section 6 of that Act;

(j) is a decision of the Department that a joint-claim jobseeker’s allowance is payable where that allowance ceases to be payable or falls to be reduced under section 7 of the Fraud Act.”.

(5) In regulation 7 (date from which a decision superseded under Article 11 takes effect) after paragraph (26)(3) there shall be added the following paragraph—

“(27) A decision to which regulation 6(2)(i) or (j) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 6 of the Fraud Act(4).”.

(1)

S.R. 1999 No. 162; relevant amending regulations are S.R. 2001 No. 176

(2)

Sub-paragraph (h) was added by paragraph 4 of Schedule 4 to S.R. 2001 No. 176

(3)

Paragraph (26) was added by paragraph 5 of Schedule 4 to S.R. 2001 No. 176

(4)

The beginning of the disqualification period for the purposes of section 6 is prescribed in regulation 2 of the Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 79)