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SCHEDULES

SCHEDULE 7N.I.HOUSING BENEFIT: REVISIONS AND APPEALS

Modifications etc. (not altering text)

Decisions superseding earlier decisionsN.I.

4.—(1) Subject to [F1sub-paragraphs (3) and (3A)], the following, namely—N.I.

(a)any relevant decision (whether as originally made or as revised under paragraph 3); and

(b)any decision under this Schedule of an appeal tribunal or a Commissioner,

may be superseded by a decision made by the appropriate relevant authority, either on an application made for the purpose by a person affected by the decision or on its own initiative.

(2) In making a decision under sub-paragraph (1), the appropriate relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause it to act on its own initiative.

(3) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this paragraph.

[F2(3A) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority.]

(4) Subject to sub-paragraph (5) and paragraph 18, a decision under this paragraph shall take effect from the date on which it is made or, where applicable, the date on which the application was made.

(5) Regulations may provide that, in prescribed cases or circumstances, a decision under this paragraph shall take effect from such other date as may be prescribed.

(6) In this paragraph the appropriate relevant authority means the authority which made the decision being superseded, the decision appealed against to the tribunal or, as the case may be, the decision to which the decision being appealed against to the Commissioner relates.

F1Words in Sch. 7 para. 4(1) substituted (10.3.2008 for certain purposes, otherwise 7.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 30(3)(a), 60(1); S.R. 2008/93, art. 2

F2Sch. 7 para. 4(3A) inserted (10.3.2008 for certain purposes, otherwise 7.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 30(3)(b), 60(1); S.R. 2008/93, art. 2