PART III AMENDMENTS TO THE DECISIONS AND APPEALS REGULATIONS
Amendment of regulation 1319
In regulation 13 (income support and social fund determinations on incomplete evidence)—
a
in paragraph (1), for sub-paragraph (a), substitute—
a
a determination falls to be made by the Secretary of State as to what housing costs are to be included in—
i
a claimant’s applicable amount by virtue of regulation 17(1)(e) or 18(1)(f) of, and Schedule 3 to, the Income Support Regulations; or
ii
a claimant’s appropriate minimum guarantee by virtue of regulation 6(6)(c) and Schedule II to the State Pension Credit Regulations; and
and for the words “applicable amount are those”, substitute “
applicable amount or, as the case may be, appropriate minimum guarantee are those
”
; and
b
after paragraph (2), add—
3
Where, for the purposes of a decision under section 8 or 10—
a
a determination falls to be made by the Secretary of State as to whether a claimant’s appropriate minimum guarantee includes an additional amount in accordance with regulation 6(4) of, and paragraph 1 of Schedule I to, the State Pension Credit Regulations; and
b
it appears to the Secretary of State that he is not in possession of all the evidence or information which is relevant for the purpose of such a determination,
he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.