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The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2010

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

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4.—(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(2) In regulation 7 (date from which a decision superseded under Article 11 takes effect) after paragraph (30)(2) insert—

(30A) Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant change of circumstances is the coming into operation of a change in the legislation in relation to a relevant benefit, the decision under Article 11 shall take effect from the date on which that change in the legislation takes effect..

(3) In regulation 8(3)(3) (effective date for late notifications of change of circumstances) for sub-paragraph (b) substitute—

(b)be made—

(i)within 13 months of the date the change occurred; or

(ii)for the purposes of regulation 7(9)(b)(4), within 13 months of the date on which the claimant satisfied the conditions of entitlement to the particular rate of benefit..

(4) In Schedule 2B(5) (date on which change of circumstances takes effect where a claimant is entitled to state pension credit)—

(a)in paragraph 7 for “Where” substitute “Subject to paragraphs 9 and 10, where”; and

(b)after paragraph 8 add—

9.  Where state pension credit is paid in arrears and the relevant change of circumstances results in the award of that benefit being terminated, the superseding decision shall take effect on the first day of the benefit week next following the benefit week in which that change occurs or is expected to occur.

10.  Where state pension credit is paid in advance and the relevant change of circumstances is the death of the claimant, the superseding decision shall take effect on the first day of the benefit week next following the date of death.

11.  In this Schedule “benefit week” means—

(a)where state pension credit is paid in advance, the period of 7 days beginning on the day on which, in the claimant’s case, that benefit is payable;

(b)where state pension credit is paid in arrears, the period of 7 days ending on the day on which, in the claimant’s case, that benefit is payable..

(2)

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

(3)

Regulation 8 was amended by regulation 2(3) of S.R. 2000 No. 3

(4)

Paragraph (9) was substituted by regulation 2(2) of S.R. 2000 No. 3 and sub-paragraph (b) was amended by regulation 3(4)(e) of S.R. 2008 No. 417

(5)

Schedule 2B was inserted by regulation 22 of S.R. 2003 No. 191 and paragraphs 7 and 8 were added by regulation 4(5) of S.R. 2006 No. 168

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