PART 3AFTER THE CONVERSION PHASE

Application of other statutory provisions applying to employment and support allowance16

1

The statutory provisions in paragraph (2) apply, subject to the modifications specified in Schedule 2, for the purposes of—

a

providing for the revision or supersession of any person’s conversion decision at any time on or after that decision’s effective date; and

b

enabling any other matter to be determined in connection with any person’s entitlement or continuing entitlement to an award of an employment and support allowance by virtue of these Regulations.

2

The statutory provisions to which paragraph (1) refers are—

a

Part 1 of the Act (employment and support allowance);

b

the Social Security (Recovery of Benefits) (Northern Ireland) Order 199734;

c

Chapter II of Part II of the Social Security (Northern Ireland) Order 199835 (social security decisions and appeals);

d

any other statutory provision which is amended by Schedule 3 to the Act (consequential amendments relating to Part 1);

e

the Employment and Support Allowance Regulations;

f

this Part of these Regulations; and

g

the Regulations listed in Schedule 3.

3

In the application of those statutory provisions, the conversion decision is to be treated as if it were a decision as to a person’s entitlement to an employment and support allowance which had been made on a claim.