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

3.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 3 (revision of decisions)—

(a) omit paragraph (5D)(2);

(b) in paragraph (7ZA)(3)—

(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 Regulations(4)”, 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 Regulations(5)”; and

(c) after paragraph (7C)(6) 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(3) In regulation 7(2)(c)(ii)(7) (date from which a decision superseded under Article 11 takes effect) after “incapacity determination”, in both places where it occurs, insert “or an employment and support allowance decision where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”.

Commencement Information

I1 Reg. 3 in operation at 13.7.2009, see reg. 1

(1)

S.R. 1999 No. 162; relevant amending Rules are S.R. 1999 Nos. 267 and 472 (C. 36), S.R. 2003 No. 224, S.R. 2005 No. 46, S.R. 2006 No. 168 and S.R. 2008 No. 286

(2)

Paragraph (5D) was inserted by regulation 22(3)(c) of S.R. 2008 No. 286

(3)

Paragraph (7ZA) was inserted by regulation 7(2)(a) of S.R. 2005 No. 46 and amended by regulation 22(3)(d) of S.R. 2008 No. 286

(4)

Regulation 83 was amended by paragraph 4 of Part II of the Schedule to S.R. 2002 No. 132 and regulation 86A was inserted by paragraph 35 of Schedule 2 to S.R. 2000 No. 350 and amended by paragraph 8 of Part II of the Schedule to S.R. 2002 No. 132

(5)

Paragraph 20I was inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350

(6)

Paragraph (7C) was inserted by regulation7(2)(b) of S.R. 2005 No. 46 and amended by regulation 4(2)(b) of S.R. 2006 No. 168

(7)

Regulation 7(2)(c) was amended by regulation 2(5) of S.R. 1999 No. 267, Article 17(b)(ii) of S.R. 1999 No. 472 (C. 36), regulation 3(6)(b) of S.R. 2003 No. 224, regulation 7(5)(a) of S.R. 2005 No. 46 and regulation 4(4)(a) of S.R. 2006 No. 168