The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016

Appeals etc relating to certain existing benefits N.I.

12.—(1) This regulation applies where, after an award of universal credit has been made to a claimant—

(a) an appeal against a decision relating to the entitlement of the claimant to income support, housing benefit or a tax credit (a “relevant benefit”) is finally determined;

(b) a decision relating to the claimant’s entitlement to income support is revised under Article 10 of the Social Security Order 1998 or superseded under Article 11 of that Order;

(c) a decision relating to the claimant’s entitlement to housing benefit is revised or superseded under Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(1); or

(d) a decision relating to the claimant’s entitlement to tax credit is revised under section 19 or 20 of the Tax Credits Act 2002, or regulations made under section 21 of that Act, or is varied or cancelled under section 21A of that Act(2).

(2) Where the claimant is a new claimant partner and, as a result of determination of the appeal or, as the case may be, revision or supersession of the decision the claimant would (were it not for the effect of these Regulations) be entitled to income support or housing benefit during the relevant period mentioned in regulation 5(3), awards of those benefits are to terminate in accordance with regulation 5.

(3) Where the claimant is a not a new claimant partner and, as a result of determination of the appeal or, as the case may be, revision or supersession, variation or cancellation of the decision, the claimant would (were it not for the effect of these Regulations) be entitled to a relevant benefit on the date on which the claim for universal credit was made, awards of relevant benefits are to terminate in accordance with regulation 6.

(4) The Department is to consider whether it is appropriate to revise under Article 10 of the Social Security Order 1998 the decision in relation to entitlement to universal credit or, if that decision has been superseded under Article 11 of that Order, the decision as so superseded (in either case, “ the UC decision”).

(5) Where it appears to the Department to be appropriate to revise the UC decision, it is to be revised in such manner as appears to the Department to be necessary to take account of—

(a) the decision of the Appeal Tribunal, the Commissioner or court, or as the case may be the decision relating to entitlement to a relevant benefit, as revised, superseded, varied or cancelled; and

(b) any finding of fact by the Appeal Tribunal, Commissioner or court.

Commencement Information

I1 Reg. 12 in operation at 5.5.2016, see reg. 1

(1)

2000 c.4 (N.I.).

(2)

Section 21A was inserted by S.I. 2014/886.