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

Sanctions cases etc.

14.—(1) The following decisions may be revised—

(a) a decision that the amount of an employment and support allowance is to be reduced by virtue of section 11J(1) of the 2007 Act(1) (sanctions);

(b) a decision that the amount of a jobseeker’s allowance is to be reduced by virtue of Article 8J(1) or 8K(1) of the Jobseekers Order(2) (higher-level and other sanctions);

(c) a decision that the amount of universal credit is to be reduced by virtue of Article 31(1) or 32(1) of the 2015 Order (higher-level and other sanctions).

(2) A decision under section 5B, 6 or 8 of the Fraud Act (the loss of benefit provisions) that benefit ceases to be payable or falls to be reduced as a result of the person—

(a) being convicted of an offence; or

(b) agreeing to pay a penalty as an alternative to prosecution,

may be revised where that conviction is quashed or set aside by a court or where the person withdraws the agreement to pay the penalty.

(1)

Section 11J is inserted by Article 63(2) of the Welfare Reform (Northern Ireland) Order 2015.

(2)

Sections 8J and 8K are inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015.