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2002 No. 189

SOCIAL SECURITY

HOUSING; RATES

FAMILY LAW

CHILD SUPPORT

The Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002

  Made 16th May 2002 
  Coming into operation 20th May 2002 

The Department for Social Development, in exercise of the powers conferred by Article 22(4) to (6) of the Child Support (Northern Ireland) Order 1991[1], Article 32 of, and paragraph 4 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995[2], Article 13(5)(a) and (b) of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997[3], Articles 7(3), 10(1), 11A(1), 13(2) and (7), 15(11), 16(1), 24A(1) and (2)(a), 28(1) and 74(1), (3), (5) and (6) of, and paragraph 12(1) of Schedule 1, paragraph 9 of Schedule 2 and paragraphs 1 to 4, 6 and 7 of Schedule 4 to, the Social Security (Northern Ireland) Order 1998[4], and now vested in it[5], and paragraphs 3(1), 6(7) and (8), 10(1), 19(1) and 20(1) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[6] and of all other powers enabling it in that behalf, with the concurrence of the Lord Chancellor in so far as the Regulations are made under Article 7(3) of the Social Security (Northern Ireland) Order 1998, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 and shall come into operation on 20th May 2002.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
    
2.  - (1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[7] shall be amended in accordance with paragraphs (2) to (21).

    (2) In regulation 1(2) (interpretation) - 

    (3) In regulation 3 (revision of decisions) - 

    (4) After regulation 9 (certificates of recoverable benefits) there shall be inserted the following regulation - 

    (5) In regulation 11A(2)[11] (issues for decision by officers of the Inland Revenue) - 

    (6) After regulation 14 (effect of alteration in the component rates of income support and jobseeker's allowance) there shall be inserted the following regulation - 

    (7) In regulation 25 (other persons with a right of appeal) for paragraph (a) there shall be substituted the following paragraph - 

    (8) In regulation 31(1) (time within which appeals are to be brought) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs - 

    (9) In regulation 32 (late appeals) - 

    (10) In regulation 33 (making of appeals and applications) - 

    (11) In regulation 38A(1)[15] (appeals raising issues for decision by officers of the Inland Revenue) - 

    (12) Regulation 47[16] (reinstatement of struck out appeals) shall be renumbered paragraph (2) of regulation 47 and immediately before that paragraph there shall be inserted the following paragraph - 

    (13) In regulation 49 (procedure at oral hearings) - 

    (14) In regulation 51 (postponement and adjournment) paragraph (5) shall be omitted.

    (15) In regulation 53(4)[18] (decisions of appeal tribunals) - 

    (16) In regulation 54 (late applications for statement of reasons for tribunal decision) - 

    (17) In regulation 57 (setting aside decisions on certain grounds) - 

    (18) In regulation 57A(1)[21] (provisions common to regulations 56 and 57) for the words from "notice was given of a correction of a decision" to the end there shall be substituted

    (19) In regulation 58 (application for leave to appeal to a Commissioner from an appeal tribunal) - 

    (20) In Schedule 1 (decisions against which no appeal lies) for paragraph 5[23] (claims and payments) there shall be substituted the following paragraph - 

    (21) In Schedule 2 (qualifications of persons appointed to the panel) in paragraph 3 after sub-paragraph (c) there shall be inserted the following sub-paragraph - 

Amendment of the Housing Benefit (Decisions and Appeals) Regulations
     3.  - (1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[47] shall be amended in accordance with paragraphs (2) to (7).

    (2) In regulation 1(2) (interpretation) - 

    (3) In regulation 4(1)(a) (revision of decisions) at the beginning there shall be inserted "subject to regulation 10A(3),".

    (4) After regulation 10 (notice of a decision against which an appeal lies) there shall be inserted the following regulation - 

    (5) In regulation 18(1) (time within which an appeal is to be brought) for "regulation" there shall be substituted "regulations 10A(3) and".

    (6) In regulation 19 (late appeals) - 

    (7) In regulation 23 (procedure in connection with appeals) - 

Revocations
    
4. Regulation 3(2)(a) of the Social Security and Child Support (Decisions and Appeals) and Jobseeker's Allowance (Amendment) Regulations (Northern Ireland) 1999[48] and regulation 6(14), (20) and (21)(a) of the Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2000[49] are hereby revoked.



Sealed with the Official Seal of the Department for Social Development on


16th May 2002.

L.S.


John O'Neill
Senior Officer of the Department for Social Development


I concur.


Irvine of Lairg,
C.

20th May 2002



EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations amend the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 ("the 1999 Regulations") and the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 ("the 2001 Regulations").

Regulation 2 amends the 1999 Regulations to - 

Regulation 3 amends the 2001 Regulations to provide - 

Regulation 4 makes consequential revocations.

These Regulations correspond to provision contained in Regulations made by the Secretary of State for Work and Pensions 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.

These Regulations do not impose a charge on business.


Notes:

[1] S.I. 1991/2628 (N.I. 23); Article 22 was substituted by Article 42 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))back

[2] S.I. 1995/2705 (N.I. 15); Article 32 was amended by paragraph 112 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and paragraph 15 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))back

[3] S.I. 1997/1183 (N.I. 12)back

[4] S.I. 1998 No. 1506 (N.I. 10); Articles 11A and 24A were inserted respectively by paragraphs 18 and 27 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and Article13(2) was substituted by paragraph 19(3) of that Scheduleback

[5] See Article 8(b) of S.R. 1999 No. 481back

[6] 2000 c. 4 (N.I.)back

[7] S.R. 1999 No. 162; relevant amending regulations are S.R. 1999 Nos. 272 and 408, S.R. 2000 No. 215 and S.R. 2001 No. 176back

[8] The definition of "official error" was substituted by paragraph 2(b) of Schedule 4 to S.R. 2001 No. 176back

[9] Paragraph (1) was amended by regulation 3(2)(a) of S.R. 1999 No. 408back

[10] Paragraph (7) was substituted by regulation 6(3) of S.R. 2000 No. 215back

[11] Regulation 11A was inserted by regulation 2(3) of S.R. 1999 No. 272back

[12] Paragraph (5) was amended by regulation 3(6) of S.R. 1988 No. 369, regulation 7(5)(a) of S.R. 1990 No. 398, regulation 15 of S.R. 1992 No. 7 and regulation 2(15) of S.R. 1996 No. 354 and paragraph (6) was amended by regulation 3(7)(a) of S.R. 1993 No. 375back

[13] Paragraphs (6A) and (6B) were inserted by regulation 7(5)(b) of S.R. 1990 No. 398 and paragraph (6B) was amended by regulation 3(7)(a) of S.R. 1993 No. 375 and regulation 2(5) of S.R. 1994 No. 345back

[14] Paragraph (9) was added by regulation 6(10) of S.R. 2000 No. 215back

[15] Regulation 38A was inserted by regulation 2(4) of S.R. 1999 No. 272back

[16] Regulation 47 was amended by regulation 6(13) of S.R. 2000 No. 215back

[17] Paragraph (10) was amended by regulation 6(14) of S.R. 2000 No. 215back

[18] Paragraph (4) was amended by regulation 6(15)(b) of S.R. 2000 No. 215back

[19] Paragraph (12A) was inserted by regulation 6(16)(b) of S.R. 2000 No. 215back

[20] Paragraph (10) was added by regulation 6(18)(b) of S.R. 2000 No. 215back

[21] Regulation 57A was inserted by regulation 6(19) of S.R. 2000 No. 215back

[22] Paragraph (6) was amended by regulation 6(20) of S.R. 2000 No. 215back

[23] Paragraph 5 was amended by S.R. 2000 No. 215back

[24] Regulation 4 was amended by S.R. 1992 Nos. 7 and 83, S.R. 1996 Nos. 354 and 449, S.R. 1997 No. 156, S.R. 2000 No. 365 and S.R. 2001 Nos. 175 and 176back

[25] Regulation 4A was inserted by S.R. 2001 No. 175back

[26] Paragraph (4AA) was substituted by S.R. 2000 No. 365, paragraph (8) was added by S.R. 1992 No. 7 and amended by S.R. 1993 No. 375 and paragraph (9) was inserted by S.R. 1993 No. 375 and amended by S.R. 1994 No. 345back

[27] Regulation 7 was amended by S.R. 1992 No. 7, S.R. 1995 No. 367, S.R. 1996 No. 354 and S.R. 2001 No. 175back

[28] Regulation 9 was amended by S.R. 1992 No. 83 and S.R. 1996 No. 288back

[29] Regulation 11 was amended by S.R. 1994 No. 456 and S.R. 1997 No. 156back

[30] Paragraph (7) was amended by S.R. 1989 No. 373back

[31] Regulation 20 was amended by S.R. 1994 No. 484, regulation 20A was inserted by S.R. 1994 No. 484 and amended by S.R. 1996 No. 85, regulation 21 was amended by S.R. 1992 No. 83, S.R. 1993 No. 217, S.R. 1994 No. 345, S.R. 1996 No. 85, S.R. 1999 No. 365 and S.R. 2000 No. 365, regulation 22 was amended by S.R. 1992 No. 7, S.R. 1994 No. 484 and S.R. 1996 No. 432, regulation 23 was amended by S.R. 1994 No. 484 and S.R. 1999 No. 365 and regulation 24 was amended by S.R. 1994 No. 456, S.R. 1996 No. 354 and S.R. 2000 No. 404back

[32] Paragraph (1) was amended by S.R. 1992 No. 7 and S.R. 1996 No. 225back

[33] Regulation 26 was amended by S.R. No. 1988 No. 141, S.R. 1989 No. 40, S.R. 1993 No. 217, S.R. 1999 No. 472 (C. 36) and S.R. 2000 No. 215back

[34] Regulation 26A was inserted by S.R. 1996 No. 354 and amended by S.R. 2000 No. 215back

[35] Regulation 30 was amended by S.R. 1988 No. 369, S.R. 1990 No. 398, S.R. 1992 No. 7, S.R. 1993 No. 375, S.R. 1994 No. 345, S.R. 1996 No. 354 and S.R. 2000 No. 365back

[36] Regulation 30A was inserted by S.R. 2001 No. 120back

[37] Regulation 31 was amended by S.R. 1999 No. 472 (C. 36)back

[38] Regulation 32 was amended by S.R. 1992 No. 453, S.R. 1995 No. 367, S.R. 1996 No. 354 and S.R. 2001 No. 175back

[39] Regulation 33 was amended by S.R. 1992 No. 7back

[40] Regulation 34 was amended by S.R. 1992 No. 453 and S.R. 2000 No. 365back

[41] Regulation 34ZA was inserted by regulation 2 of S.R. 1992 No. 271back

[42] Regulation 34A was inserted by S.R. 1988 No. 67 and paragraph (2) was inserted by S.R. 1988 No. 141 and amended by S.R. 1988 No. 369back

[43] Regulation 35 was amended by S.R. 1999 No. 365back

[44] Regulation 37 was amended by S.R. 1989 No. 398, S.R. 1993 No. 375, S.R. 1996 No. 85 and S.R. 1999 No. 472 (C. 36)back

[45] Regulations 41, 44 and 45 were amended by S.R. 1992 No. 7, regulation 42 was amended by S.R. 1992 No. 7 and S.R. 1994 No. 65 and regulation 43 was amended by S.R. 1990 No. 398 and S.R. 1992 No. 7back

[46] Regulation 46 was substituted by S.R. 1994 No. 484back

[47] S.R. 2001 No. 213back

[48] S.R. 1999 No. 408back

[49] S.R. 2000 No. 215back



ISBN 0 33794273 0


  © Crown copyright 2002

Prepared 30 May 2002


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