The Social Security (Claims and Payments and Miscellaneous Amendments) Regulations (Northern Ireland) 2002

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

3.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 3 (revision of decisions) for paragraph (7)(2) there shall be substituted the following paragraph—

“(7) Where—

(a) the Department makes a decision under Article 9 or 11 awarding a relevant benefit (“the original award”); and

(b) an award of another relevant benefit or of an increase in the rate of another relevant benefit is made to the claimant or a member of his family for a period which includes the date on which the original award took effect,

the Department may revise the original award.”.

(3) In regulation 6(2)(e)(ii)(3) (supersession of decisions)—

(a) for “on a date after entitlement to that benefit arises” there shall be substituted “subsequent to the first day of the period to which entitlement to that benefit relates”; and

(b) “and is paid” shall be omitted.

(4) In regulation 7 (date from which a decision superseded under Article 11 takes effect) for paragraph (7)(4) there shall be substituted the following paragraph—

“(7) A decision which is superseded in accordance with regulation 6(2)(e) shall be superseded from the date on which entitlement arises to the other relevant benefit referred to in that sub-paragraph or to the increase in the rate of that other relevant benefit.”.

(1)

S.R. 1999 No. 162; relevant amending regulations are S.R. 2000 No. 215

(2)

Paragraph (7) was substituted by regulation 6(3) of S.R. 2000 No. 215

(3)

Sub-paragraph (e) was substituted by regulation 6(4) of S.R. 2000 No. 215

(4)

Paragraph (7) was substituted by regulation 6(5)(d) of S.R. 2000 No. 215