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.”.