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

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

5.—(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 6(2) (supersession of decisions) after sub-paragraph (k)(2) there shall be added the following sub-paragraph –

(l)is a relevant decision for the purposes of section 6 of the State Pension Credit Act in a case where –

(i)the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has not been provided in accordance with the time limits set out in regulation 32(6)(c) of those Regulations;

(ii)the Department was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations, and

(iii)the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations has since been provided..

(3) In regulation 7 (date from which a decision superseded under Article 11 takes effect) –

(a)in paragraph (28)(3) for “A” there shall be substituted “Subject to paragraphs (28A) and (28B), a”;

(b)after paragraph (28) there shall be added the following paragraphs –

(28A) A decision to which regulation 6(2)(k) applies, where –

(a)the decision is advantageous to the claimant, and

(b)the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation,

shall take effect from the day the information and evidence required under that regulation is provided if that day is the first day of the claimant’s benefit week, but, if it is not, from the next following such day.

(28B) A decision to which regulation 6(2)(k) applies, where –

(a)the decision is disadvantageous to the claimant, and

(b)the information and evidence required under regulation 32(1) of the Claims and Payments Regulations has not been provided within the period allowed under that regulation,

shall take effect from the day after the period allowed under that regulation expired.

(28C) Except where there is a change of circumstances during the period in which the Department was prevented from specifying a new assessed income period under regulation 10(1) of the State Pension Credit Regulations, a decision to which regulation 6(2)(l) applies shall take effect from the day on which the information and evidence required under regulation 32(6)(a) of the Claims and Payments Regulations was provided..

(4) In Schedule 2B(4) (date on which change of circumstances takes effect where a claimant is entitled to state pension credit) for paragraph 5 there shall be substituted the following paragraph –

5.  In a case where the relevant circumstance is that the claimant ceased to be a patient, if he becomes a patient again in the same benefit week, the superseding decision in respect of ceasing to be a patient shall take effect from the first day of the week in which the change occurred..

(1)

S.R. 1999 No. 162; relevant amending Regulations are S.R. 2003 No. 191

(2)

Sub-paragraph (k) was added by regulation 17(a) of S.R. 2003 No. 191

(3)

Paragraph (28) was added by regulation 18(g) of S.R. 2003 No. 191

(4)

Schedule 2B was inserted by regulation 22 of S.R. 2003 No. 191

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