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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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Making of payments which have been suspended

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45.  The Department must pay a benefit which has been suspended where—

(a)in a case where regulation 43(2)(a) (suspension in prescribed cases) applies, it is satisfied that the benefit is properly payable and that there are no outstanding issues to be resolved;

(b)in a case to which regulation 44(6) (provision of information or evidence) applies, it is satisfied that the benefit is properly payable and that the requirements of regulation 44(4) have been satisfied;

(c)in a case to which regulation 43(2)(b) applies, it—

(i)does not, in the case of a decision of an appeal tribunal, apply for a statement of the reasons for that decision within the period specified under regulation 53(4) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1),

(ii)does not, in the case of a decision of an appeal tribunal, a Commissioner or a court, make an application for leave to appeal or (where leave to appeal is granted) make the appeal within the time prescribed for the making of such application or appeal,

(iii)withdraws an application for leave to appeal or withdraws the appeal, or

(iv)is refused leave to appeal, in circumstances where it is not open to the Department to renew the application for leave or to make a further application for leave to appeal;

(d)in a case to which regulation 43(2)(c) applies, the Department, in relation to the decision of a Commissioner or a court in a different case—

(i)does not make an application for leave to appeal or (where leave to appeal is granted) make the appeal within the time prescribed for the making of such application or appeal,

(ii)withdraws an application for leave to appeal or withdraws the appeal,

(iii)is refused leave to appeal, in circumstances where it is not open to the Department to renew the application for leave or to make a further application for leave to appeal.

(1)

S.R. 1999 No. 162; regulation 53(4) was amended by regulation 6(15)(b) of S.R. 2000 No. 215, regulation 2(15) of S.R. 2002 No. 189 and regulation 7(10)(b) of S.R. 2005 No. 46.

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