The Rate Relief Regulations (Northern Ireland) 2017

Revisions N.I.

13.—(1) Subject to the provisions in this regulation, a relevant decision may be revised or further revised by the relevant authority which made the decision where—

(a) that decision arose from an official error;

(b) the decision was made in ignorance of, or was based upon a mistake as to, some material fact;

[F1 (c) liability for eligible rates ends;]

[F2 (d) entitlement to universal credit—

(i) ends;

(ii) would have ended if any transitional element provided for in regulations 53 to 58, and 64 of and schedule 2 to the Universal Credit (Transitional Provisions) Regulations was not included, or

(iii) is treated as ending in accordance with regulation 5(11A);]

(e) entitlement to housing benefit commences except where regulation 10(2) applies;

(f) there is a change to the amount of the eligible rates, as prescribed in regulation 11 for which the claimant is liable;

(g) there is a change or cessation of occupation in the dwelling the claimant occupies or is treated as occupying as his home in accordance with Part 9 of these regulations; or

(h) on the next relevant date following an award of rate relief, the claimant has [F3 earned income or had earned income at the last relevant date].

[F4 (i) regulation 10(7)(i)(aa) or (bb) and (8) apply in accordance with the requirement in regulation 14 (7A) to provide appropriate evidence]

[F5 (1A) Where paragraph (1)(c),(d) or (e) applies the award of rate relief will end on the effective date of the decision as determined by regulation 14.]

(2) Subject to paragraph (3) where a decision revised in accordance with paragraph (1) does not end entitlement, entitlement shall be re-determined [F6 in accordance with regulation 10] using the relevant universal credit information in place at the last relevant date.

(3) Where the effective date of the revision in accordance with regulation 14 is the same as the relevant date, the universal credit information applicable at that date shall be applied.

(4) In this regulation “official error” means an error made by—

(a) a relevant authority or a person—

(i) authorised to carry out any function of a relevant authority relating to rate relief, or

(ii) providing services relating to rate relief directly or indirectly to a relevant authority;

(b) an officer of—

(i) the Department;

(ii) the Department for Communities; or

(c) the Commissioners of Inland Revenue, or

(d) a person employed by someone acting on behalf of a person or body referred to in sub-paragraphs (b) and (c),

but excludes any error caused wholly or partly by any person or body not specified in sub-paragraphs (a) to (c) and any error of law which is shown to have been an error only by virtue of a subsequent decision of a court.

Textual Amendments

F1 Reg. 13(1)(c) substituted (1.4.2023) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/39), regs. 1, 2(6)(a)

F2 Reg. 13(1)(d) substituted (1.4.2023) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/39), regs. 1, 2(6)(b)

F3 Words in reg. 13(1)(h) substituted (4.1.2021) by The Rate Relief (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/308), regs. 1, 2(3)(a)

F4 Reg. 13(1)(i) inserted (4.1.2021) by The Rate Relief (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/308), regs. 1, 2(3)(b)

F5 Reg. 13(1A) inserted (1.4.2023) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/39), regs. 1, 2(6)(c)

F6 Words in reg. 13(2) inserted (1.4.2023) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/39), regs. 1, 2(6)(d)