The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 No. 221 xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 General
1.Citation, commencement and application
2.Interpretation
3.Service of documents
4.Electronic communications
PART 2 Revision
CHAPTER 1 Revision on any grounds
5.Revision on any grounds
6.Late application for a revision
7.Consideration of revision before appeal
CHAPTER 2 Revision on specific grounds
8.Introduction
9.Official error, mistake etc.
10.Decisions against which no appeal lies
11.Decisions where there is an appeal
12.Award of another benefit
13.Advance awards etc.
14.Sanctions cases etc.
15.Other decisions relating to an employment and support allowance
16.Other decisions relating to a jobseeker’s allowance
17.Contributions cases
18.Other decisions relating to personal independence payment
19.Other decisions relating to universal credit
CHAPTER 3 Procedure and effective date
20.Procedure for making an application for a revision
21.Effective date of a revision
PART 3 Supersessions
CHAPTER 1 Grounds for supersession
22.Introduction
23.Change of circumstances
24.Error of law, ignorance, mistake etc.
25.Decisions against which no appeal lies
26.Medical evidence and limited capability for work etc.
27.Sanctions cases
28.Loss of benefit cases
29.Contributions cases
30.Housing costs: universal credit
31.Appeal tribunal and Commissioner’s decisions
CHAPTER 2 Superseding decisions: limitations and procedure
32.Decisions which may not be superseded
33.Procedure for making an application for a supersession
CHAPTER 3 Effective dates for supersessions
34.Introduction
35.Effective dates: Department’s decisions
36.Effective dates for superseding decisions where changes notified late
37.Effective dates: tribunal and Commissioner’s cases
PART 4 Other matters relating to decision-making
38.Correction of accidental errors
39.Determinations on incomplete evidence
40.Determinations as to limited capability for work
41.Effect of alterations affecting universal credit
42.Issues for HMRC
PART 5 Suspension
43.Suspension in prescribed cases
44.Provision of information or evidence
45.Making of payments which have been suspended
PART 6 Termination
46.Termination for failure to furnish information or evidence
47.Termination in the case of entitlement to alternative benefits
PART 7 Appeals
48.Other persons with a right of appeal
49.Decisions which may or may not be appealed
50.Notice of a decision against which an appeal lies
51.Appeals against decisions which have been revised
52.Decisions involving issues that arise on appeal in other cases
53.Appeals involving issues that arise in other cases
PART 8 Consequential amendments
54.Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
Signature
SCHEDULE 1
Effective dates for superseding decisions made on the ground of a change of circumstances
PART 1 Employment and support allowance and jobseeker’s allowance
1.Subject to the following provisions of this Part and Part...
2.Paragraph 1 does not apply where— (a) the superseding decision...
3.Where a relevant change of circumstances results, or is expected...
4.Where entitlement ends, or is expected to end, as the...
5.In the case of an employment and support allowance where...
6.Where the superseding decision is advantageous to the claimant and...
7.In the case of an employment and support allowance decision...
8.The superseding decision takes effect— (a) from the date on...
9.In the case of a claimant who makes an application...
10.Where the superseding decision is advantageous to the claimant and...
11.In this Part— “employment and support allowance decision” means a...
PART 2 Personal independence payment
12.Subject to the following provisions of this Part and Part...
13.Paragraph 12 does not apply where— (a) the superseding decision...
14.Except in a case where paragraph 15 or 31 applies,...
15.Where— (a) the change is relevant to entitlement to a...
16.Where the Department is satisfied that, in relation to a...
17.The superseding decision takes effect— (a) from the date on...
18.Where the superseding decision is advantageous to the claimant and...
19.In paragraphs 13 and 16 “personal independence payment decision” means...
PART 3 Universal credit
20.Subject to the following provisions of this Part and to...
21.Except in a case to which paragraph 22 or 31...
22.In the case of a person to whom regulation 62...
23.In the case of a universal credit decision where the...
24.The superseding decision takes effect— (a) from the first day...
25.Where— (a) the superseding decision is not advantageous to the...
26.Where, in any assessment period, a claimant—
27.A superseding decision of the Department to make or cease...
28.In the case of a claimant who makes an application...
29.Where the superseding decision is advantageous to a claimant and...
30.In this Part “a universal credit decision” means a decision...
PART 4 Common provisions
31.(1) This paragraph applies in relation to an award of...
32.Where the change of circumstances is that there has been...
33.Where the change of circumstances is the expected coming into...
SCHEDULE 2
Decision against which an appeal lies
1.A decision as to whether a person is entitled to...
SCHEDULE 3
Decisions against which no appeal lies
Claims and payments
1.A decision under any of the following provisions of the...
Other jobseeker’s allowance decisions
2.A decision made in accordance with regulation 39(2) of these...
Other decisions relating to universal credit
3.A decision in default of an election under regulation 30...
4.A decision as to the amount of universal credit to...
5.So much of a decision as adopts a determination made...
Suspension
6.A decision of the Department relating to suspending payment of...
Decisions depending on other cases
7.A decision of the Department in accordance with Article 25...
Expenses
8.A decision of the Department whether to pay travelling expenses...
Loss of benefit
9.(1) In the circumstances referred to in sub-paragraph (2), a...
Payments on account, overpayments and recovery
10.In the case of personal independence payment, a decision of...
11.A decision of the Department under the Social Security (Payments...
12.A decision of the Department under the Social Security (Overpayments...
Reciprocal agreements
13.A decision of the Department made in accordance with an...
European Community regulations
14.An authorisation given by the Department in accordance with Article...
Up-rating
15.A decision of the Department relating to the up-rating of...
Explanatory Note