The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2007

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

3.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation) in the definition of “incapacity benefit decision”(2) at the end add “or an award of long term incapacity benefit under regulation 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(3)”.

(3) In regulation 3 (revision of decisions)—

(a) in paragraph (5)(4)—

(i) in sub-paragraph (b) after “sub-paragraph (c)” insert “or (d),”,

(ii) in sub-paragraph (c) at the beginning insert “subject to sub-paragraph (d),”, and

(iii) after sub-paragraph (c) add—

“or

(d) where the decision is a disability benefit decision, or is an incapacity benefit decision, which was made in ignorance of, or was based upon a mistake as to, some material fact not in relation to the incapacity or disability determination embodied in or necessary to the incapacity benefit decision or disability benefit decision, and as a result of that ignorance of, or mistake as to, that fact, the decision was more advantageous to the claimant than it would otherwise have been but for the ignorance or mistake,”; and

(b) after paragraph (5A)(5) insert—

“(5B) A decision by the Department under Article 9 or 11 awarding incapacity benefit may be revised at any time if—

(a) it incorporates a determination that the condition in regulation 28(2)(b) of the Incapacity for Work Regulations(6) is satisfied;

(b) the condition referred to in sub-paragraph (a) was not satisfied at the time when the further claim was first determined; and

(c) there is a period before the award which falls to be decided.”.

(4) In regulation 7(2) (date from which a decision superseded under Article 11 takes effect)—

(a) in sub-paragraph (bc)(7) at the beginning insert “subject to sub-paragraph (bd),”; and

(b) after sub-paragraph (bc) insert—

“(bd) sub-paragraph (bc) shall only apply to the disabled person whose benefit is affected by the cessation of payment of carer’s allowance;”.

(5) In paragraph 6 of Schedule 2B(8) (date on which change of circumstances takes effect where a claimant is entitled to state pension credit) for “1975” substitute “2005”.

(1)

S.R. 1999 No. 162; relevant amending Regulations are S.R. 1999 No. 267, S.R. 2000 No. 215, S.R. 2002 No. 189, S.R. 2003 No.191 and S.R. 2006 No. 365

(2)

The definition of “incapacity benefit decision” was inserted by regulation 2(2)(b) of S.R. 1999 No. 267 and amended by regulation 6(2)(b) of S.R. 2000 No. 215

(3)

S.R. 1995 No. 35

(4)

Paragraph (5) was amended by regulation 2(3) of S.R. 1999 No. 267

(5)

Paragraph (5A) was inserted by regulation 2(3)(c) S.R. 2002 No. 189

(6)

Regulation 28 was amended by regulation 4(10) of S.R. 1995 No. 149, regulation 4(9) of S.R. 1996 No. 601 and regulation 2(14) of S.R. 2000 No. 4

(7)

Sub-paragraph (bc) was inserted by regulation 3(2) of S.R. 2006 No. 365

(8)

Schedule 2B was inserted by regulation 22 of S.R. 2003 No. 191