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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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Determinations on incomplete evidence

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39.—(1) The following provisions of this regulation apply for the purposes of a decision under Article 9 or 11 of the 1998 Order.

(2) Where—

(a)a determination falls to be made by the Department concerning the matter mentioned in paragraph (3); and

(b)it appears to the Department that it is not in possession of all of the information or evidence which is relevant for the purposes of the determination,

the Department must make the determination on the assumption that the relevant information or evidence which is not in the Department’s possession is adverse to the claimant.

(3) The matter is whether, for the purposes of regulation 44 of the Jobseeker’s Allowance Regulations (relevant education) a person is by virtue of that regulation to be treated as receiving relevant education.

(4) Where—

(a)a determination falls to be made by the Department as to what costs are to be included in the claimant’s award of universal credit under Article 16 of the 2015 Order (housing costs); and

(b)it appears to the Department that it is not in possession of all of the information or evidence which is relevant for the purposes of the determination,

the Department may make the determination on the assumption that the costs to be included in the claimant’s award under that Article are those that the Department is able to determine using such information or evidence as is in its possession.

(5) Where, in the case of personal independence payment—

(a)a determination falls to be made by the Department as to whether a person meets the condition in Article 90(2) of the 2015 Order (care home residents); and

(b)it appears to the Department that, having made reasonable enquiries, it is not in possession of all of the information or evidence which is or could be relevant for the purposes of the determination,

the Department may make the determination using such information or evidence as is in its possession.

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