Amendment of the Social Security and Child Support (Decisions and Appeals) RegulationsI13

1

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 199926 are amended in accordance with paragraphs (2) and (3).

2

In regulation 3 (revision of decisions)—

a

omit paragraph (5D)27;

b

in paragraph (7ZA)28—

i

in sub-paragraph (a) after “income support” insert “, income-based jobseeker’s allowance”,

ii

in sub-paragraph (b) after “the Income Support Regulations” insert “, regulation 2 of the Jobseeker’s Allowance Regulations”,

iii

in sub-paragraph (c)(i) after “the Income Support Regulations” insert “, regulation 83(e) or 86A(c) of the Jobseeker’s Allowance Regulations29”, and

iv

in sub-paragraph (d)(ii) after “the Income Support Regulations,” insert “, paragraph 15(4)(a) or 20I(3)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations30”; and

c

after paragraph (7C)31 insert—

7CC

Where—

a

a person’s entitlement to income support is terminated because of a determination that the person is not incapable of work;

b

the person subsequently claims and is awarded jobseeker’s allowance; and

c

the decision which embodies the determination that the person is not incapable of work is revised or successfully appealed,

the Department may revise the decisions to terminate income support entitlement and to award jobseeker’s allowance.

3

In regulation 7(2)(c)(ii)32 (date from which a decision superseded under Article 11 takes effect) after “incapacity determination”, in both places where it occurs, insert “or an employment and support allowance decision where there has been a limited capability for work determination”.