The Social Security and Child Support (Decisions and Appeals) and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1999

Made: 4th October 1999

Coming into operation: 18th October 1999

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 21(2) of the Jobseekers (Northern Ireland) Order 1995[^f00001] and Articles 10(1), 11(3) and (6) and 74(1) and (3) of the Social Security (Northern Ireland) Order 1998[^f00002] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 18th October 1999.

Amendment of the Jobseeker’s Allowance Regulations

2

In regulation 69 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00003] (prescribed period for purposes of Article 21(2) of the Order)—

• (a) the existing provision shall be re-numbered as paragraph (1) and in that paragraph “shall begin on and include the first day of the week following the date on which a jobseeker’s allowance is determined not to be payable to the claimant and” shall be omitted; and

• (b) after paragraph (1) there shall be added the following paragraph—

(2) The prescribed period for the purposes of Article 21(2) shall begin on and include— (a) where, in accordance with regulation 26A(1) of the Claims and Payments Regulations[^f00004], a jobseeker’s allowance is paid otherwise than fortnightly in arrears, the day following the end of the last benefit week in respect of which that allowance was paid; and (b) in any other case, the first day of the benefit week following the date on which a jobseeker’s allowance is determined not to be payable.

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[^f00005] shall be amended in accordance with paragraphs (2) to (4).

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

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for paragraph (9) there shall be substituted the following paragraph—

(9) Paragraph (1) shall not apply in respect of— (a) a relevant change of circumstances which occurred since the decision was made or where the Department has information or evidence which indicates that a relevant change of circumstances will occur; or (b) a decision which relates to an attendance allowance or a disability living allowance where the person is terminally ill, within the meaning of section 66(2)(a) of the Contributions and Benefits Act, unless an application for revision which contains an express statement that the person is terminally ill is made either by— (i) the person himself, or (ii) any other person purporting to act on his behalf whether or not that other person is acting with his knowledge or authority, but where such an application is received a decision may be so revised notwithstanding that no claim has been made under section 66(1) or, as the case may be, 72(5) or 73(12) of that Act.

• (3) In regulation 6 (supersession of decisions)—

• (a) in paragraph (2) for sub-paragraph (f) there shall be substituted the following sub-paragraph—

(f) is a decision that a jobseeker’s allowance is payable to a claimant where that allowance ceases to be payable by virtue of Article 21(1) of the Jobseekers Order; or

; and

• (b) in paragraph (6) after sub-paragraph (b) there shall be added—

or (c) the fact that a person has become terminally ill, within the meaning of section 66(2)(a) of the Contributions and Benefits Act, unless an application for supersession which contains an express statement that the person is terminally ill is made either by— (i) the person himself, or (ii) any other person purporting to act on his behalf whether or not that other person is acting with his knowledge or authority, and where such an application is received a decision may be so superseded notwithstanding that no claim has been made under section 66(1) or, as the case may be, 72(5) or 73(12) of that Act.

• (4) In regulation 7 (date from which a decision superseded under Article 11 takes effect) for paragraph (8) there shall be substituted the following paragraph—

(8) A decision to which regulation 6(2)(f) applies shall take effect— (a) where Article 21(2) of the Jobseekers Order applies, from the beginning of the period specified in regulation 69 of the Jobseeker’s Allowance Regulations; or (b) where Article 21(3) of the Jobseekers Order applies, from the beginning of the period determined in accordance with that paragraph.

Signed

Sealed with the Official Seal of the Department of Health and Social Services on

John O'Neill — Assistant Secretary — 4th October 1999.

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the 1996 Regulations”) and the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (“the 1999 Regulations”).

Regulation 2 amends the 1996 Regulations regarding the date from which benefit ceases to be payable under Article 21 of the Jobseekers (Northern Ireland) Order 1995 (“the Order”).

Regulation 3 amends the 1999 Regulations to make provision—

• (a) for the revision of decisions within one month of an appeal being brought;

• (b) to prevent revision or supersession of a decision in relation to an attendance allowance or a disability living allowance on the ground that a person is terminally ill unless an application for a revision or supersession is made expressly on that ground; and

• (c) in connection with the supersession of decisions in relation to jobseeker’s allowance where a sanction is imposed under Article 21 of the Order.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: S.I. 1995/2705 (N.I. 15)

[^f00002]: S.I. 1998/1506 (N.I. 10)

[^f00003]: S.R. 1996 No. 198; regulation 69 was amended by regulation 6 of S.R. 1997 No. 541 and modified by regulation 5(3) of S.R. 1998 No. 421

[^f00004]: S.R. 1987 No. 465; regulation 26A was inserted by regulation 2(14) of S.R. 1996 No. 354 and amended by regulation 6(2) of S.R. 1998 No. 182

[^f00005]: S.R. 1999 No. 162, to which there are amendments not relevant to these regulations

Editorial notes

[^key-155559845fe6247cdf2be7d930e42b4e]: Reg. 1 in operation at 18.10.1999, see reg. 1

[^key-b2d61952047eedfecebea81242153f91]: Reg. 2 in operation at 18.10.1999, see reg. 1

[^key-1c2cd644308a8b335d2cbf650364da78]: Reg. 3 in operation at 18.10.1999, see reg. 1

[^key-278999ee40ba0fcbb1cce83e5413de6c]: Reg. 3(2)(a) revoked (20.5.2002) by The Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/189), regs. 1, 4