The Social Security (Adjudication) (Amendment) Regulations (Northern Ireland) 1992

Amendment of regulation 65 of the principal regulations

13.—(1) Regulation 65 of the principal regulations (review of decisions involving payment or increase of benefit other than industrial injuries benefit, mobility allowance, income support or family credit) shall be amended in accordance with paragraphs (2) to (6).

(2) In paragraph (1)—

(a) for the words preceding “is revised so as to make benefit payable” there shall be substituted—

“Review of decisions involving payment or increase of benefit other than industrial injuries benefit, income support, family credit or disability working allowance

65.— (1) Where on a review a decision relating to benefit other than industrial injuries benefit, income support, family credit or disability working allowance”;

(b) sub-paragraph (d) shall be omitted; and

(c) after sub-paragraph (e) there shall be added the following sub-paragraph—

“(f) in the case of attendance allowance or disability living allowance, where the decision is reviewed—

(i) under section 100A(1) of the 1975 Act and head (ii) does not apply, the date of claim,

(ii) under section 100A(1) as applied by section 100B(2)(1) or 104A(6) of that Act, three months before the date of the application for review made under section 100A(2) or (4) which preceded the application for review under section 100A(1), or

(iii) under section 100A(2) or (4) or section 104A of that Act, three months before the date of the application for review.”.

(3) In paragraph (2) for “paragraphs (3) and (4)” there shall be substituted “paragraphs (3), (4) and (4A)”.

(4) In paragraph (3)(a)—

(a) “or” shall be added at the end of head (i);

(b) at the end of head (ii) the word “or” shall be omitted; and

(c) head (iii) shall be omitted.

(5) In paragraph (4) after “in any case” there shall be inserted “, other than a case to which paragraph (4A) applies,”.

(6) After paragraph (4) there shall be inserted the following paragraphs—

“(4A) In any case relating to attendance allowance or disability living allowance in which the review to which the foregoing paragraphs relate was based on a relevant change of circumstances to which this paragraph applies subsequent to the date from which the original decision took effect, the decision on review shall not have effect for any period before—

(a) the date declared by the adjudicating authority making the review to be the date on which that change took place;

(b) if more than one change has taken place between the date from which the original decision took effect and the date of the application for review, the date declared by the adjudicating authority making the review to be the date on which the most recent change took place; or

(c) the date three months before the date of the application for review,

whichever is the later.

(4B) Paragraph (4A) applies only to a relevant change of circumstances which relates to a deterioration in a person’s physical or mental condition.

(4C) Where a claim for attendance allowance or disability living allowance has been refused and either—

(a) an application for review of the decision is made under section 100A(1) of the 1975 Act; or

(b) a further claim is made within the period prescribed under section 100A(1) and is treated as an application for review in accordance with section 100A(12) of that Act,

then, if that review results in an award of attendance allowance or disability living allowance, the decision on review shall have effect from the date specified in paragraph (4D).

(4D) The date referred to in paragraph (4C) is such date as may be specified in the decision on review being a date not later than—

(a) in the case of attendance allowance, six months; and

(b) in the case of disability living allowance, three months,

after the date on which the application for review or the further claim is made whichever is appropriate.”.

(1)

Section 100B was inserted by paragraph 5 of Schedule 1 to the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991