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The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003

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Amendment of regulation 13

19.  In regulation 13 (income support and social fund determinations on incomplete evidence) –

(a)in paragraph (1) –

(i)for sub-paragraph (a) there shall be substituted the following sub-paragraph –

(a)a determination falls to be made by the Department as to what housing costs are to be included in –

(i)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, or

(ii)a claimant’s appropriate minimum guarantee by virtue of regulation 6(6)(c) of, and Schedule 2 to, the State Pension Credit Regulations; and; and

(ii)for “applicable amount are those” there shall be substituted “applicable amount or, as the case may be, appropriate minimum guarantee are those”;

(b)after paragraph (2) there shall be added the following paragraph –

(3) Where, for the purposes of a decision under Article 9 or 11 –

(a)a determination falls to be made by the Department as to whether a claimant’s appropriate minimum guarantee includes an additional amount in accordance with regulation 6(4) of, and paragraph 1 of Schedule 1 to, the State Pension Credit Regulations; and

(b)it appears to the Department that it is not in possession of all the information or evidence which is relevant for the purpose 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..

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