The Social Security (Claims and Payments and Adjudication) (Amendment) Regulations (Northern Ireland) 1996

Amendment of the Social Security (Adjudication) Regulations

3.—(1) The Social Security (Adjudication) Regulations (Northern Ireland) 1995(1) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 63 (review in income support cases) for paragraphs (7) to (11)(2) there shall be substituted the following paragraphs—

“(7) Where a claimant is in receipt of income support and his applicable amount includes an amount determined in accordance with Schedule 3 to the Income Support Regulations (housing costs) and there is a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 15 or 16 of that Schedule, a determination on a review undertaken as a result of that reduction shall have effect—

(a) on the first anniversary of the date on which the claimant’s housing costs were first met under than Schedule; or

(b) where the reduction in eligible capital occurs after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the reduction.

(8) Where a claimant is in receipt of income support and payments made to that claimant which fall within paragraph 29 or 30(1)(a) to (c) of Schedule 9 to the Income Support Regulations have been disregarded in relation to the determination or review of the claim and there is a change in the amount of interest payable—

(a) on a loan qualifying under paragraph 15 or 16 of Schedule 3 to those Regulations to which those payments relate; or

(b) on a loan not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,

any determination on a review undertaken as a result of that change in the amount of interest payable shall have effect on whichever of the dates referred to in paragraph (9) is appropriate in the claimant’s case.

(9) The date on which a determination on a review has effect for the purposes of paragraph (8) is—

(a) the date when the claimant’s housing costs are first met under paragraph 6(1)(a), 8(1)(a) or 9(2)(a) of Schedule 3 to the Income Support Regulations; or

(b) where the change in the amount of interest payable occurs after the date referred to in sub-paragraph (a), on the date of the next alteration in the standard rate following the date of that change.

(10) In paragraph (9), “standard rate” has the same meaning as it has in paragraph 1(2) of Schedule 3 to the Income Support Regulations.”.

(3) In regulation 63A(3) (review in jobseeker’s allowance cases) after paragraph (8) there shall be added the following paragraphs—

“(9) Where a claimant is in receipt of a jobseeker’s allowance and his applicable amount includes an amount determined in accordance with Schedule 2 to the Jobseeker’s Allowance Regulations (housing costs) and there is a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 14 or 15 of that Schedule, a determination on a review undertaken as a result of that reduction shall have effect—

(a) on the first anniversary of the date on which the claimant’s housing costs were first met under that Schedule; or

(b) where the reduction in eligible capital occurs after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the reduction.

(10) Where a claimant is in receipt of a jobseeker’s allowance and payments made to that claimant which fall within paragraph 30 or 31(1)(a) to (c) of Schedule 6 to the Jobseeker’s Allowance Regulations have been disregarded in relation to the determination or review of the claim and there is a change in the amount of interest payable—

(a) on a loan qualifying under paragraph 14 or 15 of Schedule 2 to those Regulations to which those payments relate; or

(b) on a loan not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,

any determination on a review undertaken as a result of that change in the amount of interest payable shall have effect on whichever of the dates referred to in paragraph (11) is appropriate in the claimant’s case.

(11) The date on which a determination on a review has effect for the purposes of paragraph (10) is—

(a) the date when the claimant’s housing costs are first met under paragraph 6(1)(a), 7(1)(a) or 8(2)(a) of Schedule 2 to the Jobseeker’s Allowance Regulations; or

(b) where the change in the amount of interest payable occurs after the date referred to in sub-paragraph (a), on the date of the next alteration in the standard rate following the date of that change.

(12) In paragraph (11), “standard rate” has the same meaning as it has in paragraph 1(2) of Schedule 2 to the Jobseeker’s Allowance Regulations.”.

(1)

S.R. 1995 No. 293; relevant amending regulations are S.R. 1995 No. 434 and S.R. 1996 No. 355

(2)

Paragraphs (7) to (11) were inserted by regulation 3 of S.R. 1995 No. 434

(3)

Regulation 63A was inserted by regulation 2(6) of S.R. 1996 No. 355