The Social Security (Loss of Benefit) (Amendment) Regulations (Northern Ireland) 2011

Amendment of the Housing Benefit (Decisions and Appeals) Regulations

7.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(1) are amended as follows.

(2) For regulation 4(6A)(2) (revision of decisions) substitute—

“(6A) Where—

(a) a restriction is imposed on a person under section 5B, 6, 7 or 8 of the Fraud Act (loss of benefit provisions) as result of the person—

(i) being convicted of an offence by a court; or

(ii) agreeing to pay a penalty as an alternative to prosecution under section 109A of the Administration Act or section 115A of the Social Security Administration Act 1992; and

(b) that conviction is quashed or set aside by that or any other court, or the person withdraws his agreement to pay a penalty,

a decision of the relevant authority made in accordance with regulation 7(2)(f) or (g) may be revised at any time.”.

(3) In regulation 7(2)(f)(3) (decisions superseding earlier decisions)—

(a) after “section”, in the first place it occurs, insert “5B,”; and

(b) for “same meaning as in section 6” substitute “meaning given in section 5A”.

(4) In regulation 8(8)(4) (date from which a decision superseding an earlier decision takes effect) after “section” insert “5B or”.

(1)

S.R. 2001 No. 213; relevant amending Regulations are S.R. 2002 No. 80

(2)

Paragraph (6A) was inserted by regulation 8(3) of S.R. 2002 No. 80

(3)

Paragraph 2(f) was added by regulation 8(4) of S.R. 2002 No. 80

(4)

Paragraph (8) was added by regulation 8(5) of S.R. 2002 No. 80