Made | 20th December 2004 | ||
Coming into operation | 21st December 2004 |
(c) for paragraph (8) there shall be substituted the following paragraph -
or within such longer period as the relevant authority may consider reasonable."; and
(d) in paragraph (9) at the end there shall be added ", including any instructions to provide information and evidence in connection with the claim".
(3) In regulation 76 (who is to make a decision) for the heading and paragraphs (1) to (3)[10] there shall be substituted -
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[11] shall be amended in accordance with paragraphs (2) to (9).
(2) In regulation 1(2) (interpretation) the definition of "misconceived appeal" shall be omitted.
(3) In regulation 25[12] (other persons with a right of appeal) for "Article 13(2)(b)" there shall be substituted "Article 13(2)".
(4) In regulation 36[13] (composition of appeal tribunals) -
(5) In regulation 39 (directions concerning oral hearings) for the heading and paragraphs (1) to (4) there shall be substituted -
or within such longer period as the clerk may direct.
(4) Where an oral hearing is requested in accordance with paragraphs (1) and (3) the appeal tribunal shall hold an oral hearing unless the appeal is struck out under regulation 46(1).".
(6) In regulation 46 (appeals which may be struck out) -
(b) paragraph (4) shall be omitted.
(7) In regulation 47[14] (reinstatement of struck out appeals) -
shall be omitted.
(8) Regulation 48 (misconceived appeals) shall be omitted.
(9) In Schedule 1 (decisions against which no appeal lies) in paragraph 5[15] (claims and payments) -
(b) sub-paragraphs (b) and (c) shall be omitted; and
(c) for sub-paragraph (bb)[16] there shall be substituted the following sub-paragraph -
Amendment of the Housing Benefit (Decisions and Appeals) Regulations
4.
- (1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[17] shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 22 (composition of appeal tribunals) paragraph (3) shall be omitted.
(3) In regulation 23 (procedure in connection with appeals) -
(4) In paragraph 1 of the Schedule (decisions against which no appeal lies) for sub-paragraph (a) there shall be substituted the following sub-paragraph -
Amendment of the Tax Credits (Appeals) Regulations
5.
- (1) The Tax Credits (Appeals) Regulations (Northern Ireland) 2002[19] shall be amended in accordance paragraphs (2) to (4).
(2) In regulation 12 (directions concerning oral hearings) for the heading and paragraphs (1) to (4) there shall be substituted -
or within such longer period as the clerk may direct.
(4) Where an oral hearing is requested in accordance with paragraphs (1) and (3) the appeal tribunal shall hold an oral hearing unless the case is struck out under regulation 16(1).".
(3) In regulation 16(1) (cases which may be struck out) -
(4) In regulation 17(1) (reinstatement of struck out cases) for "16(1)(b)" there shall be substituted "16(1)(c)".
Revocations
6.
The Regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).
Sealed with the Official Seal of the Department for Social Development on
20th December 2004.
L.S.
John O'Neill
A senior officer of the Department for Social Development
Column (1) | Column (2) | Column (3) |
Citation | Reference | Extent of revocation |
The Housing Benefit (General) (Amendment No. 5) Regulations (Northern Ireland) 1996 | S.R. 1996 No. 448 | Regulation 7(d) and (f) |
The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2000 | S.R. 2000 No. 215 | Regulation 6(11)(e) and (13) |
The Housing Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations (Northern Ireland) 2001 | S.R. 2001 No. 215 | Regulation 4(j) |
The Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 | S.R. 2002 No. 189 | Regulation 3(7)(a) |
The State Pension Credit (Decisions and Appeals - Amendments) Regulations (Northern Ireland) 2003 | S.R. 2003 No. 312 | Regulation 2(a) |
The Housing Benefit (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2004 | S.R. 2004 No. 144 | Regulation 16(a) |
Regulation 4 amends the 2001 Regulations in respect of housing benefit appeals to make similar provision to that made by regulation 3 in respect of social security benefit appeals.
Regulation 5 amends the 2002 Regulations in respect of tax credit appeals to make similar provision to that made by regulation 3 in respect of social security benefit appeals.
Regulation 6 makes consequential revocations.
These Regulations make in relation to Northern Ireland only provision corresponding 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.
[2] 1992 c. 8; section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back
[3] S.I. 1997/1183 (N.I. 12)back
[4] S.I. 1998/1506 (N.I. 10); Article 13(2) was substituted by paragraph 19(3) of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002 (c. 21). The powers in Chapter II of Part II, exercised in these Regulations in respect of tax credits, are applied and modified under section 63(8) of the Tax Credits Act 2002 by S.I. 2002/2926back
[5] See Article 8(b) of S.R. 1999 No. 481back
[7] S.R. 1987 No. 461; relevant amending regulations are S.R. 1996 No. 448, S.R. 2001 No. 215 and S.R. 2004 No. 144back
[8] Paragraph (1) was amended by regulation 7(d) of S.R. 1996 No. 448 and regulation 3(1) of S.R. 2001 No. 215back
[9] Paragraphs (7) and (8) were amended by regulation 3(1) of S.R. 2001 No. 215back
[10] Regulation 76(1) to (3) was amended by regulation 7(f) of S.R. 1996 No. 448, regulations 3(1) and 4(j) of S.R. 2001 No. 215 and regulation 16(a) of S.R. 2004 No. 144back
[11] S.R. 1999 No. 162; relevant amending regulations are S.R. 1999 Nos. 242 and 473, S.R. 2000 No. 215, S.R. 2002 No. 189 and S.R. 2003 No. 312back
[12] Regulation 25 was amended by regulation 2(7) of S.R. 2002 No. 189back
[13] Regulation 36 was amended by regulation 2 of S.R. 1999 No. 242, regulation 2(4) of S.R. 1999 No. 473 and regulation 6(11) of S.R. 2000 No. 215back
[14] Regulation 47 was amended by regulation 6(13) of S.R. 2000 No. 215 and regulation 2(12) of S.R. 2002 No. 189back
[15] Paragraph 5 was substituted by regulation 2(20) of S.R. 2002 No. 189 and amended by regulation 2 of S.R. 2003 No. 312back
[16] Sub-paragraph (bb) was inserted by regulation 2(a) of S.R. 2003 No. 312back
[17] S.R. 2001 No. 213; relevant amending regulations are S.R. 2002 No. 189back
[18] Paragraph (1) was amended by regulation 3(7)(a) of S.R. 2002 No. 189back