The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016

Decisions where there is an appeal

11.—(1) A decision may be revised where there is an appeal against the decision within the time prescribed by the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) but the appeal has not been decided.

(2) Where—

(a) the Department makes a decision under Article 9 or 11 of the 1998 Order or such a decision is revised under Article 10(1) of that Order (“decision A”);

(b) the claimant appeals against decision A;

(c) after the appeal has been made, but before it results in a decision by the appeal tribunal, the Department makes another decision (“decision B”) which—

(i) supersedes decision A, or

(ii) decides a further claim by the claimant;

(d) after the making of the decision B, the appeal tribunal makes a decision on the appeal (“decision C”); and

(e) the Department would have made decision B differently if, at the time, it had been aware of decision C,

the Department may revise decision B.

(1)

S.R. 1999 No. 162.