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The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016

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This is the original version (as it was originally made).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about decision-making and appeals in relation to employment and support allowance and jobseeker’s allowance (as those benefits have effect as amended by provisions of the Welfare Reform (Northern Ireland) Order 2015 (“the Order”) which remove references to an income-related employment and support allowance and income-based jobseeker’s allowance), personal independence payment and universal credit.

Part 1 contains general provisions including definitions, the service of notices or documents and the use of electronic communications.

Parts 2 and 3 and Schedule 1 provide for the circumstances in which the Department for Social Development (“the Department”) may revise or supersede decisions, when such decisions take effect and related procedural matters. Part 2 also makes provision for persons to be required to apply for a decision to be revised before they may be permitted to appeal.

Part 4 contains miscellaneous provisions relating to decisions of the Department including the correction of accidental errors, determinations on incomplete evidence and additional cases where no superseding decision needs to be made in the case of alterations affecting universal credit.

Part 5 makes provision for the suspension of benefit and Part 6 deals with termination of benefit.

Part 7 makes provision for additional persons to have a right of appeal and for decisions (additional to those listed in the Social Security (Northern Ireland) Order 1998) against which there is or is not a right of appeal and in relation to decisions, appeals involving issues that arise on appeal in other cases.

Part 8 makes consequential amendments to the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 concerning the application of those Regulations to appeals relating to universal credit, personal independence payment, an employment and support allowance and a jobseeker’s allowance.

An impact assessment has not been produced for this Rule as no impact on the private or voluntary sector is foreseen.

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