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PART 14N.I.Decisions, Revisions and Appeals

Modification of the Commissioner Procedures RegulationsN.I.

43.  The Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999(1) Regulations shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit Regulations with the following modifications—

(a)as if for “the Department”, wherever it occurs, there were substituted “the relevant authority”;

(b)as if regulation 3 were omitted;

(c)as if in regulation 4—

(i)there were inserted in the appropriate place—

the Rate Relief Regulations” means the Rate Relief (General) Regulations (Northern Ireland) 2007 and the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007;;

(ii)in the definition of “the chairman”(2)—

(aa)after “and 10” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 43”;

(bb)after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 40”;

(iii)the definition of “the Department”(3) were omitted;

(iv)in the definition of “person affected”(4) after “(Northern Ireland) 2001” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 42”;

(v)in the definition of “relevant authority”(5) after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 40”;

(vi)in paragraph (2)(6)—

(aa)after “to the 2000 Act”, in both places where it occurs, there were inserted “as applied with modifications for the purposes of these Regulations by regulation 40”;

(bb)after “(Northern Ireland) 2001” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 42”;

(d)as if—

(i)in regulation 5(2)(a) after “and 13(2)”;

(ii)in regulation 7(1)—

(aa)in sub-paragraph (a) after “and 20”;

(bb)in sub-paragraph (b) after “regulation 23”;

(cc)in sub-paragraph (c) after “regulation 25”;

(dd)in sub-paragraph (d) after “regulation 5”;

(ee)in sub-paragraph (e) after “regulation 26”;

(ff)in sub-paragraph (f) after “regulation 27”;

(gg)in sub-paragraph (g) after “regulation 5”;

(iii)in regulation 11(2)—

(aa)after “regulation 9”;

(bb)in sub-paragraph (b) after “regulation 12”;

(iv)in regulation 12(1) after “regulation 11(2)”;

(v)in regulation 14(3)(7) after “regulation 15(2)”,

there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 43”;

(e)as if in regulation 15(8)—

(i)in paragraph (1) after “to the 2000 Act”, in both places where it occurs, there were inserted “as applied with modifications for the purposes of these Regulations by regulation 40”;

(ii)in paragraph (2) after “regulation 14(2)” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 43”;

(f)as if in regulation 18(4)(9) after “regulation 20” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 43”;

(g)as if in regulation 19(10)—

(i)in paragraphs (1) and (3)(b) after “regulation 18” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 43”;

(ii)after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 40”;

(h)as if in regulation 20(4) after “and 19” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 43”;

(i)as if in regulation 24(6)(ff)(11) for “housing benefit” there were substituted “rate relief”;

(j)as if in regulation 28(2)(12) after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 40”;

(k)as if—

(i)in regulations 30 and 31 after “and 32”;

(ii)in regulation 32—

(aa)in paragraph (1) after “and 31”;

(bb)in paragraph (2) after “regulation 30” and “regulation 31”,

there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 43”;

(l)as if in regulation 32(1)(13) after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 40”;

(m)as if in regulation 33(14)—

(i)in paragraph (1) after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 40”;

(ii)in paragraph (2)—

(aa)in sub-paragraph (a) after “regulation 30”;

(bb)in sub-paragraph (b) after “regulation 31” and “regulation 31(2)”,

there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 43”;

(iii)in paragraph (3)—

(aa)after “Housing Benefit Regulations (Northern Ireland) 2006” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 26 of those Regulations;

(bb)after “Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 25”;

(cc)after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 40”;

(iv)in paragraph (4)—

(aa)in sub-paragraph (a) for “housing benefit” there were substituted “rate relief”;

(bb)sub-paragraphs (b) and (c) were omitted;

(v)in paragraph (5) after “regulation 26” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 43”.

Commencement Information

I1Reg. 43 in operation at 1.4.2007, see reg. 1(1)

(2)

The definition of “the chairman” was amended by regulation 2(3) of S.R. 2007 No. 146

(3)

The definition of “the Department” was substituted by regulation 2(3) of S.R. 2007 No. 146

(4)

The definition of “person affected” was inserted by regulation 2(3) of S.R. 2007 No. 146

(5)

The definition of “relevant authority” was inserted by regulation 2(3) of S.R. 2007 No. 146

(6)

Regulation 4(2) was inserted by regulation 2(3) of S.R. 2007 No. 146

(7)

Regulation 14(3) was amended by regulation 2(7) of S.R. 2007 No. 146

(8)

Regulation 15 was amended by regulation 2(8) of S.R. 2007 No. 146

(9)

Regulation 18(4) was inserted by regulation 2(9) of S.R. 2007 No. 146

(10)

Regulation 19 was amended by regulation 2(10) of S.R. 2007 No. 146

(11)

Regulation 24(6)(ff) was inserted by regulation 2(11) of S.R. 2007 No. 146

(12)

Regulation 28(2) was amended by regulation 2(12) of S.R. 2007 No. 146

(13)

Regulation 32(1) was amended by regulation 2(15) of S.R. 2007 No. 146

(14)

Regulation 33 was amended by regulation 2(16) of S.R. 2007 No. 146