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The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2008

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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) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 3 (revision of decisions) after paragraph (8A)(2) insert—

(8B) A decision made under Article 9 or 11 (“the original decision”) may be revised at any time—

(a)where on or after the date of the original decision—

(i)a late paid contribution is treated as paid under regulation 5 of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations (Northern Ireland) 2001(3) on a date which falls on or before the date on which the original decision was made,

(ii)a direction is given under regulation 6 of those Regulations(4) that a late contribution shall be treated as paid on a date which falls on or before the date on which the original decision was made, or

(iii)an unpaid contribution is treated as paid under regulation 60 of the Social Security (Contributions) Regulations 2001(5) on a date which falls on or before the date on which the original decision was made; and

(b)where any of heads (i), (ii) or (iii) of sub-paragraph (a) apply, either an award of benefit would have been made or the amount of benefit awarded would have been different..

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

(a)in sub-paragraph (g)(6) for “doctor” substitute “health care professional”; and

(b)after sub-paragraph (q)(7) add—

(r)is a decision where on or after the date on which the decision was made, a late or unpaid contribution is treated as paid under—

(i)regulation 5 of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations (Northern Ireland) 2001 on a date which falls on or before the date on which the original decision was made,

(ii)regulation 6 of those Regulations on a date which falls on or before the date on which the original decision was made, or

(iii)regulation 60 of the Social Security (Contributions) Regulations 2001 on a date which falls on or before the date on which the original decision was made..

(4) In regulation 7 (date from which a decision superseded under Article 11 takes effect)—

(a)in paragraph (1)(a)(8) after “(2)(b)” insert “, (bb)”;

(b)in paragraph (2)(9) for sub-paragraphs (bb) and (bc) substitute—

(bb)where the decision is advantageous to the claimant and is made on the Department’s own initiative—

(i)except where head (ii) applies, from the beginning of the benefit week in which the Department commenced action with a view to supersession, or

(ii)in the case of a claimant who is in receipt of income support, jobseeker’s allowance or state pension credit where benefit is paid in advance and the Department commenced action with a view to supersession on a day which was not the first day of the benefit week, from the beginning of the benefit week following the week in which the Department commenced such action;

(bc)where—

(i)the claimant is a disabled person or a disabled person’s partner;

(ii)the decision is advantageous to the claimant; and

(iii)the decision is made in connection with the cessation of payment of a carer’s allowance relating to that disabled person,

the day after the last day for which carer’s allowance was paid to a person other than the claimant or the claimant’s partner;;

(c)omit paragraph (2A)(10);

(d)after paragraph (8)(11) insert—

(8A) Where a decision is superseded in accordance with regulation 6(2)(r), the superseding decision shall take effect from the date on which the late or unpaid contribution is treated as paid.;

(e)in paragraph (9)(b) and (c)(12) for “first pay day (as specified in Schedule 6 to the Claims and Payments Regulations) after” substitute “date on which”; and

(f)in paragraph (30)(13) omit “immediately following the day”.

(2)

Paragraph (8A) was inserted by regulation 7(3) of S.R. 2002 No. 80

(3)

S.R. 2001 No. 102; regulation 5 was amended by regulation 20(2) of S.I. 2002/2366 and is amended by regulation 28(4) of S.R. 2008 No. 286

(4)

Regulation 6 was amended by regulation 20(3) of S.I. 2002/2366

(5)

S.I. 2001/1004; regulation 60 was amended by regulation 11 of S.I. 2002/2366

(6)

Sub-paragraph (g) was added by regulation 2(4) of S.R. 1999 No. 267

(7)

Sub-paragraph (q) was added by regulation 22(4)(a)(ii) of S.R. 2008 No. 286

(8)

Paragraph (1) was substituted by Article 17(a) of S.R. 1999 No. 472 (C. 36) and amended by regulation 18(a) of S.R. 2003 No. 191, regulation 3(6)(a) of S.R. 2003 No. 224 and regulation 22(5)(a) of S.R. 2008 No. 286

(9)

Paragraph (2) was amended by regulation 2(5) of S.R. 1999 No. 267, Article 17(b) of S.R. 1999 No. 472 (C. 36), regulation 6(5)(b) of S.R. 2000 No. 215, regulation 18(b) of S.R. 2003 No. 191, regulation 3(6)(b) of S.R. 2003 No. 224 and regulation 7(5)(a) of S.R. 2005 No. 46, regulation 4(4)(a) of S.R. 2006 No. 168, regulation 3(2) of S.R. 2006 No. 365, regulation 2(a) of S.R. 2008 No. 179 and regulation 22(5)(b) of S.R. 2008 No. 286

(10)

Paragraph (2A) was inserted by regulation 2(b) of S.R. 2008 No. 179

(11)

Paragraph (8) was substituted by regulation 3(4) of S.R. 1999 No. 408 and amended by regulation 4(c) of S.R. 2000 No. 365

(12)

Paragraph (9) was substituted by regulation 2(2) of S.R. 2000 No. 3 and amended by regulation 3(6)(d) of S.R. 2003 No. 224

(13)

Paragraph (30) was added by regulation 3(6)(e) of S.R. 2003 No. 224

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