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

Effect of alterations affecting universal credit

41.—(1) Subject to paragraph (3), an alteration in the amount of a person’s employed earnings (within the meaning of regulation 55(1) of the Universal Credit Regulations) made in accordance with Chapter 2 of Part 6 (earned income) of those Regulations in consequence of information provided to the Department by HMRC is prescribed for the purposes of section 139D(1)(b)(vi) of the Administration Act(1).

(2) For the purposes of this regulation “alteration” means an increase or decrease in such earnings.

(3) Where the person disputes the figure used in accordance with regulation 55 of the Universal Credit Regulations (employed earnings) to calculate employed earnings in relation to any assessment period, the Department must—

(a) inform the person that the person may request that the Department gives a decision in relation to the amount of universal credit payable in relation to that assessment period; and

(b) where such a decision is requested, give it within 14 days of receiving the request or as soon as practicable afterwards.

(4) Paragraph (3) does not affect the validity of anything done under section 139D(2) or (3) of the Administration Act in relation to the person’s award.

(5) A decision made in accordance with paragraph (3) takes effect on the date on which the alteration under section 139D(2) or (3) of the Administration Act came into force in relation to the person.

(1)

Section 139D is inserted by paragraph 19 of Schedule 2 to the Welfare Reform (Northern Ireland) Order 2015.