The Jobseeker’s Allowance (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 1996

Questions not immediately ascertainable

18.—(1) Regulation 16 of the Transitional Provisions Regulations (questions not immediately ascertainable) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph (1) after sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(aa) a question as to whether the conditions specified in Article 3(2) of the Order other than sub-paragraph (d)(i), or a question as to whether the conditions specified in Article 4 of the Order, other than those specified in Article 4(1)(c) or (d) of the Order, are satisfied, and the adjudication officer is satisfied that the answer to one of those questions cannot be immediately ascertained, he shall proceed to determine the claim on the assumption that the answers to either question are those which are immediately ascertainable;”.

(3) In paragraph (2)—

(a) sub-paragraphs (a), (b) and (d) shall be omitted, and

(b) after sub-paragraph (d) there shall be inserted the following sub-paragraph—

“(e) whether in relation to any claimant the applicable amount includes an amount by way of a severe disability premium by virtue of regulation 17(1)(d) or 18(1)(e) of, and paragraph 13 of Schedule 2 to, the Income Support Regulations(1) (applicable amounts).”.

(1)

Paragraph 13 of Schedule 2 was amended by S.R. 1988 No. 146, S.R. 1989 No. 395, S.R. 1992 No. 6, S.R. 1993 No. 218 and S.R. 1994 Nos. 327 and 474