The Social Security, Child Support and Tax Credits (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2004

Made: 20th December 2004

Coming into operation: 21st December 2004

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[^f00001], sections 5(1)(a) and (h) and 165(1), (4) and (6) of the Social Security Administration (Northern Ireland) Act 1992[^f00002], Article 13(5) of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997[^f00003], Articles 8(6)(a), 13(2), 16(1) and 74(1), (3), (5) and (6) of, and paragraph 9 of Schedule 2 and paragraphs 1 to 4 of Schedule 4 to, the Social Security (Northern Ireland) Order 1998[^f00004], and now vested in it[^f00005] and paragraphs 6(2)(c), 10(1) and 20(1)(b) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[^f00006], 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, Child Support and Tax Credits (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 21st December 2004.

Amendment of the Housing Benefit (General) Regulations

2

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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[^f00011] 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[^f00012] (other persons with a right of appeal) for “Article 13(2)(b)” there shall be substituted “Article 13(2)”.

• (4) In regulation 36[^f00013] (composition of appeal tribunals) –

• (a) in paragraph (2) for “, (8) and (9)” there shall be substituted “and (8)”;

• (b) in paragraph (5) for “, (3) or (9)” there shall be substituted “or (3)”; and

• (c) paragraph (9) shall be omitted.

• (5) In regulation 39 (directions concerning oral hearings) for the heading and paragraphs (1) to (4) there shall be substituted –

(39) (1) Where an appeal or a referral is made to an appeal tribunal the appellant and any other party to the proceedings shall notify the clerk to the appeal tribunal, on a form approved by the Department, whether he wishes to have an oral hearing of the appeal or whether he is content for the appeal or referral to proceed without an oral hearing. (2) Except in the case of a referral, the form shall include a statement informing the appellant that, if he does not notify the clerk to the appeal tribunal as required by paragraph (1) within the period specified in paragraph (3), the appeal may be struck out in accordance with regulation 46(1). (3) Notification in accordance with paragraph (1) – (a) if given by the appellant or a party to the proceedings other than the Department, must be sent or given to the clerk to the appeal tribunal within 14 days of the date on which the form is issued to him; or (b) if given by the Department, must be sent or given to the clerk to the appeal tribunal – (i) in the case of an appeal, within 14 days of the date on which the form is issued to the appellant, or (ii) in the case of a referral, on the date of referral, 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) –

• (a) in paragraph (1) –

• (i) the word “or” after sub-paragraph (b) shall be omitted,

• (ii) in sub-paragraph (c) the words “subject to regulation 39(2),” shall be omitted, and

• (iii) after sub-paragraph (c) there shall be added –

or (d) for failure of the appellant to notify the clerk to the appeal tribunal, in accordance with regulation 39, whether or not he wishes to have an oral hearing of his appeal.

; and

• (b) paragraph (4) shall be omitted.

• (7) In regulation 47[^f00014] (reinstatement of struck out appeals) –

• (a) in paragraph (1) for “46(1)(c)” there shall be substituted “46(1)(d)”; and

• (b) in paragraph (2) –

• (i) the words “or 48”, and

• (ii) sub-paragraph (b),

shall be omitted.

• (8) Regulation 48 (misconceived appeals) shall be omitted.

• (9) In Schedule 1 (decisions against which no appeal lies) in paragraph 5[^f00015] (claims and payments) –

• (a) for sub-paragraph (a) there shall be substituted the following sub-paragraph –

(a) regulation 4(3) or (3B) (as to which partner should make a claim for income support or jobseeker’s allowance);

• (b) sub-paragraphs (b) and (c) shall be omitted; and

• (c) for sub-paragraph (bb)[^f00016] there shall be substituted the following sub-paragraph –

(bb) regulation 4C(7) (as to which partner should make a claim for state pension credit);

Amendment of the Housing Benefit (Decisions and Appeals) Regulations

4

• (1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[^f00017] 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) –

• (a) in paragraph (1)[^f00018] for “amended by the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002” there shall be substituted “amended by the Social Security, Child Support and Tax Credits (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2004”; and

• (b) in paragraph (3)(a) after “except in regulations” there shall be inserted “39(1) (choice of hearing),”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Tax Credits (Appeals) Regulations

5

• (1) The Tax Credits (Appeals) Regulations (Northern Ireland) 2002[^f00019] 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 –

(12) (1) Where an appeal or an application for a direction is made to an appeal tribunal the appellant or applicant and any other party to the proceedings shall notify the clerk to the appeal tribunal, on a form approved by the Department, whether he wishes to have an oral hearing or whether he is content for the appeal or application to proceed without an oral hearing. (2) The form shall include a statement informing the appellant or applicant that, if he does not notify the clerk to the appeal tribunal as required by paragraph (1) within the period specified in paragraph (3), the appeal or, as the case may be, the application may be struck out in accordance with regulation 16(1). (3) Notification in accordance with paragraph (1) – (a) if given by the appellant, the applicant or any party to the proceedings other than the Board, must be given or sent to the clerk to the appeal tribunal within 14 days of the date on which the form is issued to him; or (b) if given by the Board, must be given or sent to the clerk to the appeal tribunal within 14 days of the date on which the form is issued to the appellant or applicant, 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) –

• (a) the word “or” after sub-paragraph (a) shall be omitted,

• (b) in sub-paragraph (b) the words “subject to regulation 12(4),” shall be omitted; and

• (c) after sub-paragraph (b) there shall be added –

or (c) for failure of the appellant or applicant to notify the clerk to the appeal tribunal, in accordance with regulation 12, whether or not he wishes to have an oral hearing of his case.

• (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).

SCHEDULE — Regulations revoked

Signed

Sealed with the Official Seal of the Department for Social Development on 20th December 2004.

John O'Neill — A senior officer of the — Department for Social Development

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”), the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 (“the 2001 Regulations”) and the Tax Credits (Appeals) Regulations (Northern Ireland) 2002 (“the 2002 Regulations”) in respect of appeals to an appeal tribunal and make amendments to the Housing Benefit (General) Regulations (Northern Ireland) 1987 consequential upon or supplementary to the amendment to the Schedule to the 2001 Regulations relating to appeals against decisions about defective claims.

Regulation 3 amends the 1999 regulations to –

• remove the power of appeal tribunals to strike out misconceived appeals (paragraphs (2), (4) and (8));

• provide for a form on which an appellant and parties to proceedings must notify the clerk to the tribunal if they want an oral hearing and give a mandatory right to an oral hearing after such notification unless the appeal is struck out (paragraph (5));

• allow the tribunal clerk to strike out an appeal if an appellant does not give the notification as prescribed (paragraph (6)); and

• confirm that there is a right of appeal against a decision that a benefit claim is defective (paragraph (9)).

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.

Footnotes

[^f00001]: 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)) and is substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

[^f00002]: 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)

[^f00003]: S.I. 1997/1183 (N.I. 12)

[^f00004]: 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. 2002/2926

[^f00005]: See Article 8(b) of S.R. 1999 No. 481

[^f00006]: 2000 c. 4

[^f00011]: 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. 312

[^f00012]: Regulation 25 was amended by regulation 2(7) of S.R. 2002 No. 189

[^f00013]: 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. 215

[^f00014]: Regulation 47 was amended by regulation 6(13) of S.R. 2000 No. 215 and regulation 2(12) of S.R. 2002 No. 189

[^f00015]: Paragraph 5 was substituted by regulation 2(20) of S.R. 2002 No. 189 and amended by regulation 2 of S.R. 2003 No. 312

[^f00017]: S.R. 2001 No. 213; relevant amending regulations are S.R. 2002 No. 189

[^f00019]: S.R. 2002 No. 403

Editorial notes

[^key-1f6961a9b1381aeb09292d2e15c95d84]: Reg. 1 in operation at 21.12.2004, see reg. 1

[^key-b4703865038fea49fe7c4d5d718bb21b]: Reg. 3 in operation at 21.12.2004, see reg. 1

[^key-18da81b30337077d2096a5699fe55e28]: Reg. 4 in operation at 21.12.2004, see reg. 1

[^key-afe6cb3cace67047bf128f7dbd080de0]: Reg. 5 in operation at 21.12.2004, see reg. 1

[^key-9125baac24615a0e617e651fabb25830]: Reg. 6 in operation at 21.12.2004, see reg. 1

[^key-e5a895341b9aba207c38d1832487db80]: Sch. in operation at 21.12.2004, see reg. 1

[^key-c2ca7408dc53b26acfa649072044e68c]: Reg. 2 revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

[^key-efd40cde1c069d917eef244aa4a9a3ca]: Reg. 4(4) revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)