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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 3Universal credit

20.  Subject to the following provisions of this Part and to Part 4, in the case of universal credit, a superseding decision made on the ground of a change of circumstances takes effect from the first day of the assessment period in which that change occurred or is expected to occur.

21.  Except in a case to which paragraph 22 or 31 applies, where the superseding decision is advantageous to the claimant and the change of circumstances was notified to an appropriate office after the end of the assessment period in which 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 first day of the assessment period in which the notification was given.

22.  In the case of a person to whom regulation 62 of the Universal Credit Regulations (information for calculating earned income) applies, where—

(a)the relevant change of circumstances is that the person’s employed earnings are reduced; and

(b)the person provides such information for the purposes of calculating those earnings at such times as the Department may require,

the superseding decision takes effect from the first day of the assessment period in which that change occurred.

23.  In the case of a universal credit decision where the Department is satisfied that, in relation to a limited capability for work determination, 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 24.

24.  The superseding decision takes effect—

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(b)if more than one change has taken place between the date from which the decision to be superseded took effect and the date of the superseding decision, from the first day of the assessment period in which the first change ought to have been notified.

25.  Where—

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

(b)there has been a universal credit decision where the Department is satisfied that, in relation to a limited capability for work determination, 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,

the superseding decision takes effect on the first day of the assessment period in which it makes that decision.

26.  Where, in any assessment period, a claimant—

(a)reaches the qualifying age for state pension credit under the State Pension Credit Act (Northern Ireland) 2002(1); and

(b)has made an advance claim for an award of state pension credit,

a superseding decision made in consequence of the person reaching that age takes effect on the date on which that change of circumstances occurs or is expected to occur.

27.  A superseding decision of the Department to make or cease making a hardship payment takes effect in accordance with regulation 112 of the Universal Credit Regulations (period of hardship payments).

28.  In the case of a claimant who makes an application for a supersession which contains an express statement that that claimant is terminally ill, the superseding decision takes effect from the first day of the assessment period in which the claimant became terminally ill.

29.  Where the superseding decision is advantageous to a claimant and is made on the Department’s own initiative, it takes effect from the first day of the assessment period in which the Department commenced action with a view to supersession.

30.  In this Part “a universal credit decision” means a decision to award universal credit embodied in or necessary to which is a determination that the claimant has or is to be treated as having limited capability for work.

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