The Social Security (Adjudication) Amendment(No. 2) Regulations 1996

Amendment of regulation 63A of the Adjudication Regulations

2.—(1) Regulation 63A(1) of the Adjudication Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (9) for the word “Where” there shall be substituted the words “Except in a case to which paragraphs (13) to (15) apply, where”.

(3) After paragraph (12) there shall be inserted the following paragraphs—

“(13) Paragraph (14) applies in the case of a claimant who is treated as having been awarded a jobseeker’s allowance by virtue of regulation 7 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996 (jobseeker’s allowance to replace income support and unemployment benefit)(2), was paid benefit in accordance with an award of income support in respect of 6th October 1996 and whose applicable amount includes an amount determined in accordance with Schedule 3 to the Income Support (General) Regulations 1987 (housing costs)(3).

(14) In a case to which this paragraph applies, a determination on a review undertaken as a result of a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 15 or 16 of Schedule 3 to the Income Support (General) Regulations 1987 shall have effect on the first and each subsequent anniversary of the date on which the claimant’s housing costs were first met under that Schedule unless that anniversary date falls on or after 7th October but precedes 8th November 1996 in which case paragraph (15) shall apply.

(15) In a case to which this paragraph applies a determination on a review shall have effect on 8th November 1996 and thereafter on the first and each subsequent anniversary of the date on which the claimant’s housing costs were first met under Schedule 3 to the Income Support (General) Regulations 1987.”

(1)

Regulation 63A was inserted by S.I. 1996/2306.

(2)

S.I. 1996/2567.

(3)

S.I. 1987/1967. Schedule 3 was substituted by S.I. 1995/1613, regulation 2 and Schedule 1 and was amended by S.I. 1995/2927, 1996/206, 599, 1889, 1944.