The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2010

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

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

(2) In regulation 3 (revision of decisions) before paragraph (6)(2) insert—

“(5E) A decision under Article 9 or 11 awarding an employment and support allowance may be revised if—

(a) the decision of the Department awarding an employment and support allowance was made on the basis that the claimant had made and was pursuing an appeal against a decision of the Department that the claimant did not have limited capability for work (“the original decision”); and

(b) the appeal to the appeal tribunal in relation to the original decision is successful.

(5F) A decision under Article 9 or 11 awarding an employment and support allowance may be revised if—

(a) the person’s current period of limited capability for work is treated as a continuation of another such period under regulation 145(1) and (2) of the Employment and Support Allowance Regulations; and

(b) regulation 7(1)(b) of those Regulations applies.”.

(3) In regulation 6(2) (supersession of decisions) for sub-paragraph (q)(3) substitute—

“(q) is an employment and support allowance decision where, since the decision was made, the Department has—

(i) received medical evidence from a health care professional approved by the Department, or

(ii) made a determination that the claimant is to be treated as having limited capability for work in accordance with regulation 20, 25, 26 or 33(2) of the Employment and Support Allowance Regulations.”.

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

(a) for paragraph (37) substitute—

“(37) A decision made in accordance with regulation 6(2)(q) that embodies a determination that the claimant has—

(a) limited capability for work;

(b) limited capability for work-related activity; or

(c) limited capability for work and limited capability for work-related activity,

which is the first such determination shall take effect from the beginning of the 14th week of entitlement.”; and

(b) after paragraph (38) add—

“(39) A decision made in accordance with regulation 6(2)(q) that embodies a determination that the claimant has—

(a) limited capability for work;

(b) limited capability for work-related activity; or

(c) limited capability for work and limited capability for work-related activity,

where regulation 5 of the Employment and Support Allowance Regulations (the assessment phase – previous claimants) applies shall take effect from the beginning of the 14th week of the person’s continuous period of limited capability for work.”.

(5) In regulation 17(5) (provision of information or evidence) for “(e)” substitute “(f)”.

Commencement Information

I1 Reg. 7 in operation at 28.6.2010, see reg. 1

(1)

S.R. 1999 No. 162; relevant amending Regulations are S.R. 2000 No. 365 and S.R. 2008 No. 286

(2)

Paragraph (6) was amended by regulation 4(a) of S.R. 2000 No. 365

(3)

Sub-paragraph (q) was added by regulation 22(4)(a)(ii) of S.R. 2008 No. 286

(4)

Paragraphs (37) and (38) were added by regulation 22(5)(h) of S.R. 2008 No. 286