The Social Security (Adjudication) (Amendment No. 3) Regulations (Northern Ireland) 1994

Explanatory Note

(This note is not part of the Regulations.)

These regulations amend the Social Security (Adjudication) Regulations (Northern Ireland) 1987. Regulation 2 amends regulation 64 of those regulations which provides for circumstances in which an adjudication officer can, as an interim measure, proceed to determine claims or questions relating to income support or to payment of maternity expenses from the social fund which depend on answering a listed question on the assumption that the determination of that question will be adverse to the claimant.

The regulation—

(a) provides that where a question arises as to what housing costs are to be included in a claimant’s applicable amount and those costs cannot be immediately determined, an adjudication officer shall proceed to determine a 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) adds the question as to whether severe disability premium is included in a claimant’s applicable amount to the list of questions in paragraph (3)

These regulations make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.