Made | 18th May 2001 | ||
Coming into operation | 2nd July 2001 |
Provision in respect of reviews of determinations made by relevant authorities
2.
- (1) Subject to the following paragraphs and notwithstanding regulation 4(1)(a) of the Decisions and Appeals Regulations (revision of decisions), where a person affected makes written representations signed by him to a relevant authority concerning a determination made by that authority before the relevant date and -
(2) Paragraph (1) shall -
(3) Where a person makes written representations signed by him to a relevant authority concerning a determination made by them before the relevant date and that authority -
those representations shall be treated as an application duly made for a revision under paragraph 3 of Schedule 7 to the Act.
(4) For the purposes of calculating the period of six weeks in paragraph (1)(a), no account shall be taken of any period beginning with, and including, the receipt by a relevant authority of a request for a statement under regulation 77(4) of the Housing Benefit Regulations[12] (request for statement of reasons) and ending with the provision to that person of that statement.
(5) The period of six weeks specified in paragraph (1)(a) may be extended where an application for such an extension is made before 2nd August 2002 by a person affected and the application contains -
(6) An application for an extension of time shall be made in writing by the person affected and delivered, by whatever means, to the relevant authority or, in a case to which the Work-focused Interviews Regulations apply, either to the relevant authority or to an office of a designated authority which displays the logo[13].
(7) An application for an extension of time shall not be granted unless the relevant authority which made the determination to which the representations relate is satisfied that -
(8) In deciding whether to grant an extension of time no account shall be taken of the following factors -
(9) An application under this regulation for an extension of time which has been refused may not be renewed.
Provision in respect of requests for further review of determinations
3.
- (1) Subject to the following paragraphs and notwithstanding regulation 23 of the Decisions and Appeals Regulations (procedure in connection with appeals), where a person affected gives or sends written notice signed by him to a relevant authority requesting a further review of a determination ("reviewed determination"), that notice shall be treated as an application duly made for an appeal to an appeal tribunal from a relevant decision.
(2) Paragraph (1) shall -
(3) For the purposes of paragraph (1), the written notice must be given or sent within -
(4) Where written notice is given or sent -
that notice shall be treated as an application made for an appeal from a relevant decision.
(5) The period of four weeks referred to in paragraph (3)(a) may be extended where an application for such an extension is made before 2nd August 2002 by a person affected and the application contains -
(6) An application for an extension of time shall be made in writing by the person affected and delivered, by whatever means, to the relevant authority or, in a case to which the Work-focused Interviews Regulations apply, either to the relevant authority or to an office of a designated authority which displays the logo.
(7) An application for an extension of time within which written notice may be given or sent shall be determined by a legally qualified panel member.
(8) An application for an extension of time shall not be granted unless the panel member is satisfied that the requirements imposed by regulation 19(5) to (9) of the Decisions and Appeals Regulations (late appeals) have been met.
(9) An application for an extension of time that has been refused may not be renewed.
(10) Regulation 16 of, and the Schedule to, the Decisions and Appeals Regulations (decisions against which no appeal lies), save for paragraph 1, but only in so far as it relates to regulation 10A of the Housing Benefit Regulations[16] (decisions), and paragraph 3 of that Schedule, shall not apply in respect of a reviewed determination.
Provision in respect of the abolition of Review Boards
4.
- (1) Where a Review Board has held an oral hearing in accordance with regulation 82 of the Housing Benefit Regulations (procedure on further review) before the relevant date -
of those Regulations shall continue to have effect in relation to any decision of that Review Board as if section 68 (commencement and transitional provisions) of, and paragraph 22(2) of Schedule 7 (consequential amendments of the Social Security (Northern Ireland) Order 1998) to, the Act had not come into operation.
(2) Where a part-heard hearing by a Review Board stands adjourned before the relevant date an appeal tribunal shall completely rehear the case as if it were an appeal under paragraph 6 of Schedule 7 to the Act.
(3) Subject to paragraph (1), any decision that would, but for the coming into operation of section 68 of, and paragraph 22(2) of Schedule 7 to, the Act, fall to be made by a Review Board shall be made by an appeal tribunal.
(4) Subject to paragraph (5), a decision of a Review Board shall be treated for the purposes of paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions) as if it were a decision of a tribunal made under paragraph 6 of Schedule 7 to the Act.
(5) Notwithstanding the coming into operation of section 68 of, and paragraph 22 of Schedule 7 to the Act, regulations made in accordance with Article 34(4) and (5) of the Social Security (Northern Ireland) Order 1998 (reviews of determinations), as in operation immediately before the relevant date, shall continue to have effect for the purpose of any claim for judicial review of a decision made by a Review Board and any appeal from a decision on such a claim.
(6) Subject to paragraph (7), where -
the application to set aside shall be treated as if it were an application duly made to set aside a decision of an appeal tribunal made under regulation 23 of the Decisions and Appeals Regulations and regulation 57 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[17].
(7) A legally qualified panel member may set aside the decision of a Review Board as if it were a decision of an appeal tribunal on the grounds -
Suspension and withholding
5.
Where, immediately before the relevant date, a payment of housing benefit was withheld under regulation 95(4) or (4A)[18] (withholding of benefit) or suspended by virtue of regulation 96A[19] (suspension of benefit) of the Housing Benefit Regulations, the provisions of Part III of the Decisions and Appeals Regulations (suspension and termination of benefit and other matters) shall apply with respect to that suspension or withholding as if it were a suspension imposed by virtue of those provisions.
Decisions of relevant authorities outstanding at the relevant date
6.
Subject to regulations 2 to 5, where a determination by a relevant authority -
that decision shall take effect on the earlier date.
Sealed with the Official Seal of the Department for Social Development on
18th May 2001.
L.S.
John O'Neill
Senior Officer of the Department for Social Development
The Department of Finance and Personnel hereby consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on
18th May 2001.
L.S.
David Sterling
Senior Officer of the Department of Finance and Personnel
[3] See Article 8(b) of S.R. 1999 No. 481back
[4] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481back
[6] S.R. 1987 No. 461; relevant amending Regulations are S.R. 1992 No. 141, S.R. 1993 No. 218, S.R. 1994 No. 335, S.R. 1995 No. 89, S.R. 1996 No. 334, S.R. 1997 No. 452, S.R. 1999 No. 472 (C. 36) and S.R. 2001 No. 176back
[7] S.I. 1998/1506 (N.I. 10)back
[8] Regulation 81(3) was amended by paragraph 5(a) of Schedule 2 to S.R. 2001 No. 176back
[9] S.R. 2001 No. 176; the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001 apply to unemployed persons under the age of 60 living in an area identified in Schedule 1 to those Regulations who make a claim for income support, housing benefit or incapacity benefitback
[10] Regulation 79(2) was amended by regulation 11(a) of S.R. 1992 No. 141, regulation 2(2)(c) of S.R. 1993 No. 218 and regulation 7(a) of S.R. 1994 No. 335back
[11] Regulation 78(3) was amended by regulation 10 of S.R. 1992 No. 141back
[12] Paragraph (4) was added by regulation 9 of S.R. 1992 No. 141 and amended by regulation 6 of S.R. 1994 No. 335back
[13] The [14] Regulation 81(1) was amended and paragraph (1A) was inserted by regulation 8 of S.R. 1994 No. 335back
[15] Regulation 78(3) was amended by regulation 10 of S.R. 1992 No. 141back
[16] Regulation 10A was inserted by regulation 6 of S.R. 1996 No. 111 and amended by regulation 3 of S.R. 1996 No. 181, regulation 2 of S.R. 1996 No. 221 and regulation 2(2) of S.R. 1998 No. 114back
[17] S.R. 1999 No. 162; relevant amending Regulations are S.R. 2000 No. 215back
[18] Regulation 95(4A) was inserted by regulation 9(a) of S.R. 1995 No. 89 and amended by regulation 17 of S.R. 1996 No. 334 and Article 8(3) of S.R. 1999 No. 472 (C. 36)back
[19] Regulation 96A was inserted by regulation 5 of S.R. 1997 No. 452back