The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2006

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

4.—(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 3 (revision of decisions)—

(a) in paragraph (7B)(2) at the end there shall be added “or lapses”;

(b) in paragraph (7C) for “he subsequently appeals the decision that” there shall be substituted “the decision which embodies that determination is revised or he subsequently appeals the decision which”; and

(c) after paragraph (7E)(3) there shall be inserted the following paragraph—

“(7F) A decision under regulation 17(1)(d) of the Income Support Regulations that a person is no longer entitled to a disability premium because of a determination that he is not incapable of work may be revised where the decision which embodies that determination is revised or his appeal against the decision is successful.”.

(3) In regulation 5(2)(4) (date from which a decision revised under Article 10 takes effect) for sub-paragraph (c) there shall be substituted the following sub-paragraph—

“(c) in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and”.

(4) In regulation 7 (date from which a decision superseded under Article 11 takes effect)—

(a) in paragraph (2)(c)—

(i) head (iii)(5) shall be omitted, and

(ii) after head (ii) there shall be added the following heads—

“(iv) in the case of a disability benefit decision, where the change of circumstances is not in relation to the disability determination embodied in or necessary to the disability benefit decision, from the date of change; or

(v) in any other case, except in the case of a decision which supersedes a disability benefit decision, from the date of the change.”; and

(b) for paragraph (7)(6) there shall be substituted the following paragraph—

“(7) A decision which is superseded in accordance with regulation 6(2)(e) or (ee) shall be superseded—

(a) subject to sub-paragraph (b), from the date on which entitlement arises to the other relevant benefit referred to in regulation 6(2)(e)(ii) or (ee) or to an increase in the rate of that other relevant benefit; or

(b) where the claimant or his partner is not a severely disabled person for the purposes of section 131(5) of the Contributions and Benefits Act or section 2(7) of the State Pension Credit Act at the date the superseded decision would, but for this sub-paragraph, have had effect, by virtue of his having—

(i) a non-dependant as defined by regulation 3 of the Income Support Regulations; or

(ii) a person residing with him for the purposes of paragraph 1 of Schedule 1 to the State Pension Credit Regulations whose presence may not be ignored in accordance with paragraph 2 of that Schedule,

from the date on which the claimant or his partner ceased to have a non-dependant or person residing with him or from the date on which the presence of that person was first ignored.”.

(5) In Schedule 2B(7) (date on which change of circumstances takes effect where a claimant is entitled to state pension credit) after paragraph 6 there shall be added the following paragraphs—

“7.   Where an amount of state pension credit payable under an award is changed by a superseding decision specified in paragraph 8 the superseding decision shall take effect from the day specified in paragraph 1(b).

8.   The following are superseding decisions for the purposes of paragraph 7—

(a) a decision which supersedes a decision specified in regulation 6(2)(b) to (ee) and (l); and

(b) a superseding decision which would, but for paragraphs 2 and 7, take effect from a date specified in regulation 7(5) to (7), (12) to (16) and (28C).”.

(1)

S.R. 1999 No. 162; relevant amending Regulations are S.R. 1999 No. 473, S.R. 2002 No. 67, S.R. 2003 Nos. 191 and 421, S.R. 2004 No. 378, S.R. 2005 Nos. 46 and 539 and S.R. 2006 No. 104

(2)

Paragraphs (7B) and (7C) were inserted by regulation 7(2)(b) of S.R. 2005 No. 46

(3)

Paragraph (7E) is inserted by regulation 9(3) of S.R. 2006 No. 104

(4)

Regulation 5(2) was added by regulation 3 of S.R. 2004 No. 378 and amended by regulation 7(3) of S.R. 2005 No. 539

(5)

Head (iii) was substituted by regulation 2(2) of S.R. 1999 No. 473

(6)

Paragraph (7) was substituted by regulation 3(4) of S.R. 2002 No. 67 and amended by regulation 7(5)(c) of S.R. 2005 No. 46

(7)

Schedule 2B was inserted by regulation 22 of S.R. 2003 No. 191 and amended by regulation 5(4) of S.R. 2003 No. 421