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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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PART 2Personal independence payment

12.  Subject to the following provisions of this Part and Part 4, in the case of personal independence payment, a superseding decision made on the ground of a change of circumstances takes effect on the date on which the relevant change of circumstances occurs or is expected to occur.

13.  Paragraph 12 does not apply where—

(a)the superseding decision is not advantageous to the claimant; and

(b)there has been a personal independence payment decision where the Department is satisfied that, in relation to such a decision, the claimant—

(i)failed to notify an appropriate office of a change of circumstances which the claimant was required by regulations under the Administration Act to notify, and

(ii)could not reasonably have been expected to know that the change of circumstances should have been notified.

14.  Except in a case where paragraph 15 or 31 applies, where the superseding decision is advantageous to the claimant and the change of circumstances was notified to an appropriate office more than one month after the change occurred or after the expiry of such longer period as may be allowed under regulation 36 (effective dates for superseding decisions where changes notified late), the superseding decision takes effect from the date of notification of the change.

15.  Where—

(a)the change is relevant to entitlement to a particular rate of personal independence payment; and

(b)the claimant notifies an appropriate office of the change no later than one month after the date on which the claimant first satisfied the conditions of entitlement to that rate or within such longer period as may be allowed under regulation 36 (effective dates for superseding decisions where changes notified late),

the superseding decision takes effect from the date on which the claimant first satisfied those conditions.

16.  Where the Department is satisfied that, in relation to a personal independence payment decision, the claimant—

(a)failed to notify an appropriate office of a change of circumstances which the claimant was required by regulations under the Administration Act to notify; and

(b)could reasonably have been expected to know that the change of circumstances should have been notified,

the superseding decision takes effect in accordance with paragraph 17.

17.  The superseding decision takes effect—

(a)from the date on which the claimant ought to have notified the change of circumstances; or

(b)if more than one change has taken place between the date from which the decision to be superseded took effect and the date of the superseding decision, from the date on which the first change ought to have been notified.

18.  Where the superseding decision is advantageous to the claimant and is made on the Department’s own initiative, the decision takes effect from the date on which the Department commenced action with a view to supersession.

19.  In paragraphs 13 and 16 “personal independence payment decision” means a decision to award personal independence payment, embodied in or necessary to which is a determination whether the claimant satisfies any of the requirements in Article 83(1) and (2) or 84(1) and (2) of the 2015 Order (daily living component and mobility component).

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