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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

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART 1 General

    1. 1.Citation, commencement and application

    2. 2.Interpretation

    3. 3.Service of documents

    4. 4.Electronic communications

  3. PART 2 Revision

    1. CHAPTER 1 Revision on any grounds

      1. 5.Revision on any grounds

      2. 6.Late application for a revision

      3. 7.Consideration of revision before appeal

    2. CHAPTER 2 Revision on specific grounds

      1. 8.Introduction

      2. 9.Official error, mistake etc.

      3. 10.Decisions against which no appeal lies

      4. 11.Decisions where there is an appeal

      5. 12.Award of another benefit

      6. 13.Advance awards etc.

      7. 14.Sanctions cases etc.

      8. 15.Other decisions relating to an employment and support allowance

      9. 16.Other decisions relating to a jobseeker’s allowance

      10. 17.Contributions cases

      11. 18.Other decisions relating to personal independence payment

      12. 19.Other decisions relating to universal credit

    3. CHAPTER 3 Procedure and effective date

      1. 20.Procedure for making an application for a revision

      2. 21.Effective date of a revision

  4. PART 3 Supersessions

    1. CHAPTER 1 Grounds for supersession

      1. 22.Introduction

      2. 23.Change of circumstances

      3. 24.Error of law, ignorance, mistake etc.

      4. 25.Decisions against which no appeal lies

      5. 26.Medical evidence and limited capability for work etc.

      6. 27.Sanctions cases

      7. 28.Loss of benefit cases

      8. 29.Contributions cases

      9. 30.Housing costs: universal credit

      10. 31.Appeal tribunal and Commissioner’s decisions

    2. CHAPTER 2 Superseding decisions: limitations and procedure

      1. 32.Decisions which may not be superseded

      2. 33.Procedure for making an application for a supersession

    3. CHAPTER 3 Effective dates for supersessions

      1. 34.Introduction

      2. 35.Effective dates: Department’s decisions

      3. 36.Effective dates for superseding decisions where changes notified late

      4. 37.Effective dates: tribunal and Commissioner’s cases

  5. PART 4 Other matters relating to decision-making

    1. 38.Correction of accidental errors

    2. 39.Determinations on incomplete evidence

    3. 40.Determinations as to limited capability for work

    4. 41.Effect of alterations affecting universal credit

    5. 42.Issues for HMRC

  6. PART 5 Suspension

    1. 43.Suspension in prescribed cases

    2. 44.Provision of information or evidence

    3. 45.Making of payments which have been suspended

  7. PART 6 Termination

    1. 46.Termination for failure to furnish information or evidence

    2. 47.Termination in the case of entitlement to alternative benefits

  8. PART 7 Appeals

    1. 48.Other persons with a right of appeal

    2. 49.Decisions which may or may not be appealed

    3. 50.Notice of a decision against which an appeal lies

    4. 51.Appeals against decisions which have been revised

    5. 52.Decisions involving issues that arise on appeal in other cases

    6. 53.Appeals involving issues that arise in other cases

  9. PART 8 Consequential amendments

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

  10. Signature

    1. SCHEDULE 1

      Effective dates for superseding decisions made on the ground of a change of circumstances

      1. PART 1 Employment and support allowance and jobseeker’s allowance

        1. 1.Subject to the following provisions of this Part and Part...

        2. 2.Paragraph 1 does not apply where— (a) the superseding decision...

        3. 3.Where a relevant change of circumstances results, or is expected...

        4. 4.Where entitlement ends, or is expected to end, as the...

        5. 5.In the case of an employment and support allowance where...

        6. 6.Where the superseding decision is advantageous to the claimant and...

        7. 7.In the case of an employment and support allowance decision...

        8. 8.The superseding decision takes effect— (a) from the date on...

        9. 9.In the case of a claimant who makes an application...

        10. 10.Where the superseding decision is advantageous to the claimant and...

        11. 11.In this Part— “employment and support allowance decision” means a...

      2. PART 2 Personal independence payment

        1. 12.Subject to the following provisions of this Part and Part...

        2. 13.Paragraph 12 does not apply where— (a) the superseding decision...

        3. 14.Except in a case where paragraph 15 or 31 applies,...

        4. 15.Where— (a) the change is relevant to entitlement to a...

        5. 16.Where the Department is satisfied that, in relation to a...

        6. 17.The superseding decision takes effect— (a) from the date on...

        7. 18.Where the superseding decision is advantageous to the claimant and...

        8. 19.In paragraphs 13 and 16 “personal independence payment decision” means...

      3. PART 3 Universal credit

        1. 20.Subject to the following provisions of this Part and to...

        2. 21.Except in a case to which paragraph 22 or 31...

        3. 22.In the case of a person to whom regulation 62...

        4. 23.In the case of a universal credit decision where the...

        5. 24.The superseding decision takes effect— (a) from the first day...

        6. 25.Where— (a) the superseding decision is not advantageous to the...

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

        8. 27.A superseding decision of the Department to make or cease...

        9. 28.In the case of a claimant who makes an application...

        10. 29.Where the superseding decision is advantageous to a claimant and...

        11. 30.In this Part “a universal credit decision” means a decision...

      4. PART 4 Common provisions

        1. 31.(1) This paragraph applies in relation to an award of...

        2. 32.Where the change of circumstances is that there has been...

        3. 33.Where the change of circumstances is the expected coming into...

    2. SCHEDULE 2

      Decision against which an appeal lies

      1. 1.A decision as to whether a person is entitled to...

    3. SCHEDULE 3

      Decisions against which no appeal lies

      1. Claims and payments

        1. 1.A decision under any of the following provisions of the...

      2. Other jobseeker’s allowance decisions

        1. 2.A decision made in accordance with regulation 39(2) of these...

      3. Other decisions relating to universal credit

        1. 3.A decision in default of an election under regulation 30...

        2. 4.A decision as to the amount of universal credit to...

        3. 5.So much of a decision as adopts a determination made...

      4. Suspension

        1. 6.A decision of the Department relating to suspending payment of...

      5. Decisions depending on other cases

        1. 7.A decision of the Department in accordance with Article 25...

      6. Expenses

        1. 8.A decision of the Department whether to pay travelling expenses...

      7. Loss of benefit

        1. 9.(1) In the circumstances referred to in sub-paragraph (2), a...

      8. Payments on account, overpayments and recovery

        1. 10.In the case of personal independence payment, a decision of...

        2. 11.A decision of the Department under the Social Security (Payments...

        3. 12.A decision of the Department under the Social Security (Overpayments...

      9. Reciprocal agreements

        1. 13.A decision of the Department made in accordance with an...

      10. European Community regulations

        1. 14.An authorisation given by the Department in accordance with Article...

      11. Up-rating

        1. 15.A decision of the Department relating to the up-rating of...

  12. Explanatory Note

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