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

Insertion of regulation 70B into the principal regulations

14.  After regulation 70A of the principal regulations (repayment of student loan not a change of circumstances for family credit) there shall be inserted the following regulation—

“Review in disability working allowance cases

70B.— (1) Where a claim for disability working 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 disability working allowance, the decision on review shall have effect from the date on which the application for review or the further claim is made whichever is appropriate.

(2) Where a review under section 100A(1) or (2)(a) or 104A(1)(a) of the 1975 Act of a decision relating to disability working allowance arises from a disclosure of a material fact of which the person who claimed disability working allowance was, or could reasonably have been expected to be, aware but of which he previously failed to furnish information to the Department, then if that review would result in either a new award of disability working allowance or an increase in the amount of disability working allowance payable, the decision on review shall not have effect in respect of any period earlier than 12 months before the date on which that person first furnished that information.”