Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
14.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 1(2) (citation, commencement and interpretation) –
(a)in paragraph (b)(2) of the definition of “party to the proceedings” before “or Article 13(2)” there shall be inserted “, section 2B(6) of the Administration Act(3)”;
(b)at the end of the definition of “work-focused interview”(4) there shall be added “or under the Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003”.
(3) In regulation 3(6A)(5) (revision of decisions), after “section 2B(2)” there shall be inserted “or (2A)”.
(4) In regulation 6(2) (supersession of decisions), at the end of sub-paragraph (h)(ii)(6) there shall be added “or, in the case of a partner who was required to take part in a work-focused interview under the Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003, ceased to be a partner for the purposes of those Regulations or is no longer a partner to whom those Regulations apply”.
(5) For paragraph (25)(7) of regulation 7 (date from which a decision superseded under Article 11 takes effect) there shall be substituted the following paragraph –
“(25) In a case where a decision (“the first decision”) has been made that a person failed without good cause to take part in a work-focused interview, the decision under Article 11 shall take effect as from –
(a)the first day of the benefit week to commence for that person following the date of the first decision; or
(b)in a case where a partner has failed without good cause to take part in a work-focused interview under the Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003 –
(i)the first day of the benefit week to commence for the claimant (as defined in regulation 1(2) of those Regulations) following the date of the first decision, or
(ii)if that date arises 5 days or less after the day on which the first decision was made, as from the first day of the second benefit week to commence for the claimant following the date of the first decision.”.
S.R. 1999 No. 162; relevant amending Regulations are S.R. 2001 Nos. 23 and 176 and S.R. 2003 No. 274
Paragraph (b) was amended by regulation 2(2)(c) of S.R. 2001 No. 23
Section 2B was inserted by Article 54 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and amended by paragraphs 5 and 6 of Schedule 1 to the Social Security Act (Northern Ireland) 2002
The definition of “work-focused interview” was inserted by paragraph 2(d) of Schedule 4 to S.R. 2001 No. 176 and substituted by paragraph 5(a)(ii) of Schedule 2 to S.R. 2003 No. 274
Paragraph (6A) was inserted by paragraph 3(a) of Schedule 4 to S.R. 2001 No. 176
Sub-paragraph (h) was added by paragraph 4 of Schedule 4 to S.R. 2001 No. 176
Paragraph (25) was added by paragraph 5 of Schedule 4 to S.R. 2001 No. 176