The Social Security (Adjudication) Amendment (No. 2) Regulations 1994

Amendment of regulation 64 of the Social Security (Adjudication) Regulations 1986

2.—(1) Regulation 64 of the Social Security (Adjudication) Regulations 1986(1)(income support and social fund questions not immediately determinable) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraphs (1) and (2) there shall be substituted the following paragraphs—

“(1) Where on consideration of a claim or question relating to income support or to payment of maternity expenses from the Social Fund under Part VIII of the Social Security Contributions and Benefits Act 1992 it appears to an adjudication officer that the claimant’s entitlement to, or the rate or amount of, such benefit depends on the determination of—

(a) the question as to what housing costs are to be included in the claimant’s applicable amount by virtue of regulation 17(1)(e) or 18(1)(f) of, and Schedule 3 to, the Income Support (General) Regulations 1987(2)(applicable amounts) and the adjudication officer is satisfied that not all of those housing costs can be immediately determined, he shall proceed to determine the claim or question on the assumption that the housing costs to be included in the claimant’s applicable amount are those that can be immediately determined;

(b) any of the questions mentioned in paragraph (3), and he is satisfied that the question cannot be immediately determined, he shall proceed to determine the claim or question on the assumption that the determination of the question so mentioned will be adverse to the claimant.

(2) Without prejudice to the power of an adjudication officer to refer any claim or question to an appeal tribunal under section 21(2) of the Administration Act and notwithstanding the provisions of section 22 of that Act, on an appeal to an appeal tribunal in any case where the adjudication officer has applied the provisions of paragraph (1) in relation to any of the questions mentioned or referred to in that paragraph, the tribunal shall not determine any such question until it has been determined by an adjudication officer.”.

(3) In paragraph (3), after sub-paragraph (g) there shall be added the following sub-paragraph—

“(h) whether in relation to any claimant the applicable amount includes severe disability premium by virtue of regulation 17(1)(d) or 18(1)(e) of, and paragraph 13 of Schedule 2 to, the Income Support (General) Regulations 1987 (applicable amounts).”.

(1)

S.I. 1986/2218; the relevant amending instruments are S.I. 1987/1970 and S.I. 1989/1689.

(2)

S.I.1987/1967.