The Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations (Northern Ireland) 2017

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

12.—(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 1(2) (citation, commencement, application and interpretation) in the appropriate place insert the following definition—

““Income Support Work-Related Activity Regulations” means the Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations (Northern Ireland) 2016;”.

(3) In regulation 3 (revision of decisions) after paragraph (7CC) insert—

“(7CD) A decision of the Department under Article 11 made in consequence of a determination under regulation 6(2) of the Income Support Work-Related Activity Regulations that a claimant has failed to satisfy a requirement of regulation 2 of those Regulations (requirement to undertake work-related activity) may be revised at any time if it contained an error to which the claimant did not materially contribute.”.

(4) In regulation 6(2) (supersession of decisions) after sub-paragraph (s) insert—

“(t) is a decision awarding income support where there has been a determination by the Department under regulation 6(2) of the Income Support Work-Related Activity Regulations that a person has failed to undertake work-related activity;

(u) is a decision made in consequence of a determination by the Department that a person has failed to undertake work-related activity where a reduction under regulation 8(1) of the Income Support Work-Related Activity Regulations ceases to have effect by virtue of regulation 9 of those Regulations.”.

(5) In regulation 7 (date from which a decision superseded under Article 11 takes effect) after paragraph (40) insert—

“(41) A decision made in accordance with regulation 6(2)(t) shall take effect from the first day of the next benefit week following the day on which the determination mentioned in that sub-paragraph was made.

(42) A decision made in accordance with regulation 6(2)(u) shall take effect from the first day of the benefit week in which the reduction mentioned in that sub-paragraph ceased to have effect

(43) In paragraphs (41) and (42), benefit week has the same meaning as in paragraphs (25) and (26).”.

(1)

S.R. 1999 No. 162; there are amendments to regulation 1(2) which are not relevant to these regulations; paragraph (7CC) of regulation 3 was inserted by regulation 3(2)(c) of S.R. 2009 No. 240; sub-paragraph (s) of regulation 6(2) was inserted by regulation 4(4) of S.R. 2016 No. 409; paragraph (40) of regulation 7 was inserted by regulation 4(5) of S.R. 2016 No. 409.