The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016

CHAPTER 2 N.I. Superseding decisions: limitations and procedure

Decisions which may not be superseded N.I.

32.  A decision which may be revised under Article 10 of the 1998 Order may not be superseded under Chapter 1 unless—

(a) circumstances arise in which the Department may revise the decision under Part 2; and

(b) further circumstances arise in relation to that decision which—

(i) are not set out in that Part, but

(ii) are set out in Chapter 1 or are circumstances where a superseding decision may be made in accordance with regulation 33(3).

Procedure for making an application for a supersession N.I.

33.—(1) The Department may treat an application for a revision under Article 10 of the 1998 Order, or a notification of a change of circumstances, as an application for a supersession under Article 11 of that Order.

(2) Paragraph (3) applies where the Department, in order to consider all the issues raised by the application, requires further information or evidence from a person who has applied for a supersession (“the applicant”).

(3) The Department must notify the applicant that—

(a) the further information or evidence specified in the notification is required;

(b) if the applicant provides the relevant information or evidence within one month of the date of notification or such longer period as the Department may allow, the decision may be superseded taking such information or evidence into account; and

(c) if the applicant does not provide such information or evidence within that period, the decision to be superseded may be superseded taking into account only such information or evidence as was submitted with the application for a supersession.

[F1 (4) In relation to an applicant who is supplying information or evidence of a change of circumstances which is advantageous to the applicant in relation to an award of universal credit, paragraph (3)(b) has effect as if for “one month” there were substituted “14 days”.]

Textual Amendments

F1 Reg. 33(4) added (8.5.2018) by The Universal Credit (Persons Required to Provide Information, Miscellaneous Amendments and Saving and Transitional Provision) Regulations (Northern Ireland) 2018 (S.R. 2018/92), regs. 1(2), 8(2)