The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010

Application of other statutory provisions applying to employment and support allowance

16.—(1) The statutory provisions in paragraph (2) apply, subject to the modifications specified in Schedule 2, for the purposes of—

(a) providing for the revision or supersession of any person’s conversion decision at any time on or after that decision’s effective date; and

(b) enabling any other matter to be determined in connection with any person’s entitlement or continuing entitlement to an award of an employment and support allowance by virtue of these Regulations.

(2) The statutory provisions to which paragraph (1) refers are—

(a) Part 1 of the Act (employment and support allowance);

(b) the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997(1);

(c) Chapter II of Part II of the Social Security (Northern Ireland) Order 1998(2) (social security decisions and appeals);

(d) any other statutory provision which is amended by Schedule 3 to the Act (consequential amendments relating to Part 1);

(e) the Employment and Support Allowance Regulations;

(f) this Part of these Regulations; and

(g) the Regulations listed in Schedule 3.

(3) In the application of those statutory provisions, the conversion decision is to be treated as if it were a decision as to a person’s entitlement to an employment and support allowance which had been made on a claim.

(1)

S.I. 1997/1183 (N.I. 12)

(2)

S.I. 1998/1506 (N.I. 10)