The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

Income support and social fund determinations on incomplete evidence

13.—(1) Where, for the purpose of a decision under Article 9 or 11—

(a) a determination falls to be made by the Department as to what housing costs are to be included in a claimant’s applicable amount by virtue of regulation 17(1)(e) or 18(1)(f) of, and Schedule 3 to, the Income Support Regulations; and

(b) it appears to the Department that it is not in possession of all of the information or evidence which is relevant for the purposes of such a determination,

it shall make the determination on the assumption that the housing costs to be included in the claimant’s applicable amount are those that can be immediately determined.

(2) Where, for the purpose of a decision under Article 9 or 11—

(a) a determination falls to be made by the Department as to whether—

(i) in relation to any person, the applicable amount falls to be reduced or disregarded to any extent by virtue of section 125(3) of the Contributions and Benefits Act,

(ii) for the purposes of regulation 12 of the Income Support Regulations(1), a person is by virtue of that regulation to be treated as receiving relevant education, or

(iii) in relation to any claimant, the applicable amount includes 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; and

(b) it appears to the Department that it is not in possession of all of the information or evidence which is relevant for the purposes of such a determination,

it shall make the determination on the assumption that the relevant information or evidence which is not in its possession is adverse to the claimant.

(1)

Regulation 12 was substituted by regulation 5 of S.R. 1990 No. 131 and amended by S.R. 1992 No. 403 and S.R. 1993 No. 373