The Housing Benefit (State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2003

Amendment of the Decisions and Appeals Regulations

4.—(1) The Decisions and Appeals Regulations shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation) –

(a)after the definition of “the Fraud Act”(1) there shall be inserted the following definition –

““the 1998 Order” means the Social Security (Northern Ireland) Order 1998(2);”;

(b)after the definition of “Decisions and Appeals Regulations 1999” there shall be inserted the following definition –

““family” has the same meaning as in section 133 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3);”.

(3) In regulation 4 (revision of decisions), after paragraph (6A)(4) there shall be inserted the following paragraph –

“(6B) Where –

(a)the relevant authority makes an original decision awarding housing benefit to the claimant, and

(b)entitlement to a relevant benefit within the meaning of Article 9(3) of the 1998 Order or of an increase in the rate of that relevant benefit is awarded to the claimant or a member of his family for a period which includes the date on which the original decision took effect,

the relevant authority may revise or further revise the original decision at any time.

(6C) Where entitlement to housing benefit has ceased (“decision A”) because entitlement to a relevant benefit within the meaning of Article 9(3) of the 1998 Order has ceased (“decision B”), decision A may be revised at any time if the entitlement to the relevant benefit to which decision B applies has been reinstated in consequence of a decision made under paragraph 4 of Schedule 7 to the Act or on an appeal under paragraph 6 of that Schedule .”.

(4) In regulation 7(2) (decisions superseding earlier decisions) after paragraph (g)(5) there shall be added the following paragraph –

“(h)where –

(i)the claimant has been awarded entitlement to housing benefit, and

(ii)subsequent to the first day of the period to which that entitlement relates, the claimant or a member of his family becomes entitled to an award of a relevant benefit within the meaning of Article 9(3) of the 1998 Order or an increase in the rate of that relevant benefit.”.

(5) In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (10)(6) there shall be added the following paragraph –

“(11) Where the decision is superseded in accordance with regulation 7(2)(h) the superseding decision shall take effect from the date on which entitlement arises to the relevant benefit referred to in regulation 7(2)(h)(ii) or to an increase in the rate of that relevant benefit.”.