17. Where, on or after the effective date of any person’s conversion decision, the Department is notified of any change of circumstances or other relevant event which occurred before that date [F1and which would have been relevant to the existing award or awards] , the Department—
[F2(a)must treat any award—
(i)converted by virtue of regulation 14(2) (conversion decision that existing award qualifies for conversion), or
(ii)terminated by virtue of regulation 14(2B)(a) (termination of an existing award of incapacity benefit or severe disablement allowance where entitlement to award of income support continues), regulation 14(3) (termination of award of an employment and support allowance where that entitlement already exists) or regulation 15(2) (termination of existing awards which do not qualify for conversion),
as if that award had not been converted or terminated;
(aa)must treat any entitlement to be credited with earnings terminated by virtue of regulation 14(5) or 15(3) as if it had not been terminated;
(ab)must treat any entitlement to a disability premium terminated by virtue of regulations 14(2B)(b), 15(2B) or 15(6) as if it had not been terminated;]
(b)must take account of the change of circumstances or other relevant event for the purposes of determining whether to revise or supersede a decision (“the earlier decision”) relating to the award or awards in respect of which the conversion decision was made;
(c)in an appropriate case, must revise or supersede the earlier decision;
(d)if any earlier decision is revised or superseded, must determine whether to revise [F3or supersede] the conversion decision made in relation to P; and
(e)in an appropriate case, must revise [F4or supersede] that conversion decision.
Textual Amendments
F1Words in reg. 17 inserted (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(8)(a)
F2Reg. 17(a)(aa)(ab) substituted for reg. 17(a) (1.11.2010) by The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/347), regs. 1(2), 2(8)(b)
F3Words in reg. 17(d) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(3)
F4Words in reg. 17(e) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 25(3)
Commencement Information
I1Reg. 17 in operation at 1.10.2010, see reg. 1