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The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016

Type Ni-Statutory-Rule

Publication 2016-05-04

Last updated 2025-03-21

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(1) This regulation applies in the case of a person (“P”) who has a right of appeal under the 1998 Order or these Regulations.

(2) The Department must—

(a) give P written notice of the decision and of the right to appeal against that decision; and

(b) inform P that, where that notice does not include a statement of the reasons for the decision, P may, within one month of the date of notification of that decision, request that the Department provide a written statement of the reasons for that decision.

(3) If the Department is requested under paragraph (2)(b) to provide a written statement of reasons, it must provide such a statement within 14 days of the request or as soon as practicable afterwards.

Appeals against decisions which have been revised

51

(1) An appeal against a decision of the Department does not lapse where—

(a) the decision is revised under Article 10 of the 1998 Order before the appeal is decided; and

(b) the decision of the Department as revised is not more advantageous to the appellant than the decision before it was revised.

(2) In a case to which paragraph (1) applies, the appeal must be treated as though it had been brought against the decision as revised.

(3) The Department must inform the appellant that the appellant may, within one month of the date of notification of the decision as revised, make further representations as to the appeal.

(4) After the end of that period, or within that period if the appellant consents in writing, the appeal to the appeal tribunal must proceed, except where—

(a) the Department further revises the decision in light of further representations from the appellant; and

(b) that decision is more advantageous to the appellant than the decision before it was revised.

(5) Decisions which are more advantageous for the purpose of this regulation include those where—

(a) the amount of any benefit payable to the appellant is greater, or any benefit is awarded for a longer period, as a result of the decision;

(b) the decision would have resulted in the amount of benefit in payment being greater but for the operation of any provision of the Administration Act or the Contributions and Benefits Act restricting or suspending the payment of, or disqualifying a claimant from receiving, some or all of the benefit;

(c) as a result of the decision, a denial or disqualification for the receipt of any benefit is lifted, wholly or in part;

(d) the decision reverses a decision to pay benefit to a third party instead of to the appellant;

(e) in consequence of the decision, benefit paid is not recoverable under section 69ZB, 69ZG or 69ZH of the Administration Act or regulations made under any of those sections, or the amount so recoverable is reduced; or

(f) a financial gain accrued or will accrue to the appellant in consequence of the decision.

Decisions involving issues that arise on appeal in other cases

52

(1) For the purposes of Article 25(3)(b) of the 1998 Order (decisions involving issues that arise on appeal in other cases)—

(a) a prescribed case is a case in which the claimant would be entitled to the benefit to which the decision relates, even if the other appeal referred to in Article 25(1)(b) of the 1998 Order were decided in a way which is the most unfavourable to the claimant; and

(b) the prescribed basis on which the Department may make the decision is as if—

(i) the other appeal referred to in Article 25(1)(b) of the 1998 Order had already been decided, and

(ii) that appeal had been decided in a way which is the most unfavourable to the claimant.

(2) For the purposes of Article 25(5)(c) of the 1998 Order the prescribed circumstances are that the Department—

(a) certifies in writing that it is considering appealing against that decision; and

(b) considers that, if such an appeal were to be decided in a particular way—

(i) there would be no entitlement to benefit in that case, or

(ii) the appeal would affect the decision in that case in some other way.

Appeals involving issues that arise in other cases

53

For the purposes of Article 26(6)(c) of the 1998 Order (appeals involving issues that arise on appeal in other cases) the prescribed circumstances are that the Department—

(a) certifies in writing that it is considering appealing against that decision; and

(b) considers that, if such an appeal were already decided, it would affect the determination of the appeal referred to in Article 26(1)(a) of the 1998 Order.

PART 8 — Consequential amendments

54

(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 are amended in accordance with paragraphs (2) to (8).

(2) In regulation 1 (citation, commencement and interpretation)—

(a) in the heading after “commencement” insert “ , application ”;

(b) after paragraph (1) insert—

(1A) In so far as Parts II and III and regulations 25 to 30 relate to— (a) an employment and support allowance payable under the Welfare Reform Act, they shall apply only so far as that Act has effect apart from the amendments made by Schedule 3 and Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 (“the 2015 Order”) (removing references to an income-related allowance); (b) a jobseeker's allowance payable under the Jobseeker's Order, they shall apply only in so far as that Order has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order (removing references to an income-based allowance). (1B) Parts II and III and regulations 25 to 30 shall not apply to universal credit (within the meaning of Part 2 of the 2015 Order) or personal independence payment (within the meaning of Part 5 of that Order).

(i) after the definition of “the Welfare Reform Act” insert—

“the 2016 Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016;

(ii) in the definition of “out of jurisdiction appeal” after paragraph (b) add—

(c) prescribed in regulation 49(2) of the 2016 Regulations.

(3) In regulation 31(1)(a) (time within which appeals are to be brought) after “regulation 9A(3)” insert “ or, as the case may be, regulation 38(4) of the 2016 Regulations ”.

(4) In regulation 36 (composition of appeal tribunals)—

(a) in paragraph (6) after “of that Act” insert “ or a personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015 ”;

(b) in paragraph (7)—

(i) in the definition of “determination of limited capability for work-related activity” after “Allowance Regulations” insert “ or, as the case may be, regulations 30 and 31 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 ”;

(ii) in the definition of “limited capability for work assessment” after “Allowance Regulations” insert “ or, as the case may be, regulation 2 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 ”.

(5) In regulation 38(2) and (3) (consideration and determination of appeals and referrals), after “these Regulations” insert “ or the 2016 Regulations ”.

(6) In regulation 38A(4) (appeals raising issues for decision by officers of the Inland Revenue), after “11A(5)” insert “ or, as the case may be, regulation 42(5) of the 2016 Regulations ”.

(7) In regulation 41 (medical examination required by appeal tribunal)—

(a) at the end of sub-paragraph (iv) of paragraph (a) omit “or”;

(b) after sub-paragraph (vi) of paragraph (a) add—

(vii) the daily living component of personal independence payment specified in Article 83 of the Welfare Reform (Northern Ireland) Order 2015, or (viii) the mobility component of personal independence payment specified in Article 84 of that Order.

(k) is the rate at which the daily living component or mobility component of personal independence payment (within the meaning of Article 83 or 84, as the case may be, of the Welfare Reform (Northern Ireland) Order 2015) is payable;

(8) After regulation 45 insert—

(45A) In this Chapter, “claimant” includes a claimant within the meaning of regulation 2 of the 2016 Regulations.

SCHEDULE 1 — Effective dates for superseding decisions made on the ground of a change of circumstances

PART 1 — Employment and support allowance and jobseeker's allowance

1

Subject to the following provisions of this Part and Part 4, in the case of an employment and support allowance or a jobseeker's allowance, a superseding decision made on the ground of a change of circumstances takes effect from the first day of the benefit week in which the relevant change of circumstances occurs or is expected to occur.

2

Paragraph 1 does not apply where—

(a) the superseding decision is not advantageous to the claimant; and

(b) there has been an employment and support allowance decision where the Department is satisfied that, in relation to a limited capability for work determination, the claimant—

(i) failed to notify an appropriate office of a change of circumstances which the claimant was required by regulations under the Administration Act to notify, and

(ii) could not reasonably have been expected to know that the change of circumstances should have been notified.

3

Where a relevant change of circumstances results, or is expected to result, in a reduced award and the Department is of the opinion that it is impracticable for a superseding decision to take effect from the day set out in paragraph 1, that superseding decision takes effect—

(a) where the relevant change has occurred, from the first day of the benefit week following that in which that superseding decision is made; or

(b) where the relevant change is expected to occur, from the first day of the benefit week following that in which that change of circumstances is expected to occur.

4

Where entitlement ends, or is expected to end, as the result of a change of circumstances, the superseding decision takes effect from the day on which the relevant change of circumstances occurs or is expected to occur.

5

In the case of an employment and support allowance where a person who is subject to Article 44 or 53 of the Mental Health (Northern Ireland) Order 1986 (power of courts to order hospital admission or guardianship and removal to hospital of persons serving sentences of imprisonment, etc.) ceases, or is expected to cease, to be detained in a hospital (as defined in that Order) for a period of less than a week, a superseding decision related to that person's departure from, or return to, hospital takes effect from the day on which that change of circumstances occurs or is expected to occur.

6

Where the superseding decision is advantageous to the claimant and the change of circumstances was notified to an appropriate office more than one month after the change occurred or after the expiry of such longer period as may be allowed under regulation 36 (effective dates for superseding decisions where changes notified late), the superseding decision takes effect from the beginning of the benefit week in which the notification was given.

7

In the case of an employment and support allowance decision where the Department is satisfied that, in relation to a limited capability for work determination, the claimant—

(a) failed to notify an appropriate office of a change of circumstances which the claimant was required by regulations under the Administration Act to notify; and

(b) could reasonably have been expected to know that the change of circumstances should have been notified,

the superseding decision takes effect in accordance with paragraph 8.

8

The superseding decision takes effect—

(a) from the date on which the claimant ought to have notified the change of circumstances; or

(b) if more than one change has taken place between the date from which the decision to be superseded took effect and the date of the superseding decision, from the date on which the first change ought to have been notified.

9

In the case of a claimant who makes an application for a supersession which contains an express statement that that claimant is terminally ill, the superseding decision takes effect from the date on which the claimant became terminally ill.

10

Where the superseding decision is advantageous to the claimant and is made on the Department's own initiative, the decision takes effect from the beginning of the benefit week in which the Department commenced action with a view to supersession.

11

In this Part—

“employment and support allowance decision” means a decision to award an employment and support allowance embodied in or necessary to which is a determination that the claimant has, or is to be treated as having, limited capability for work;

“week” means a period of 7 days, beginning with midnight on Saturday.

PART 2 — Personal independence payment

12

Subject to the following provisions of this Part and Part 4, in the case of personal independence payment, a superseding decision made on the ground of a change of circumstances takes effect on the date on which the relevant change of circumstances occurs or is expected to occur.

13

Paragraph 12 does not apply where—

(a) the superseding decision is not advantageous to the claimant; and

(b) there has been a personal independence payment decision where the Department is satisfied that, in relation to such a decision, the claimant—

(i) failed to notify an appropriate office of a change of circumstances which the claimant was required by regulations under the Administration Act to notify, and

(ii) could not reasonably have been expected to know that the change of circumstances should have been notified.

14

Except in a case where paragraph 15 or 31 applies, where the superseding decision is advantageous to the claimant and the change of circumstances was notified to an appropriate office more than one month after the change occurred or after the expiry of such longer period as may be allowed under regulation 36 (effective dates for superseding decisions where changes notified late), the superseding decision takes effect from the date of notification of the change.

15

Where—

(a) the change is relevant to entitlement to a particular rate of personal independence payment; and

(b) the claimant notifies an appropriate office of the change no later than one month after the date on which the claimant first satisfied the conditions of entitlement to that rate or within such longer period as may be allowed under regulation 36 (effective dates for superseding decisions where changes notified late),

the superseding decision takes effect from the date on which the claimant first satisfied those conditions.

16

Where the Department is satisfied that, in relation to a personal independence payment decision, the claimant—

(a) failed to notify an appropriate office of a change of circumstances which the claimant was required by regulations under the Administration Act to notify; and

(b) could reasonably have been expected to know that the change of circumstances should have been notified,

the superseding decision takes effect in accordance with paragraph 17.

17

The superseding decision takes effect—

(a) from the date on which the claimant ought to have notified the change of circumstances; or

(b) if more than one change has taken place between the date from which the decision to be superseded took effect and the date of the superseding decision, from the date on which the first change ought to have been notified.

18

Where the superseding decision is advantageous to the claimant and is made on the Department's own initiative, the decision takes effect from the date on which the Department commenced action with a view to supersession.

19

In paragraphs 13 and 16 “personal independence payment decision” means a decision to award personal independence payment, embodied in or necessary to which is a determination whether the claimant satisfies any of the requirements in Article 83(1) and (2) or 84(1) and (2) of the 2015 Order (daily living component and mobility component).

PART 3 — Universal credit

20

Subject to the following provisions of this Part and to Part 4, in the case of universal credit, a superseding decision made on the ground of a change of circumstances takes effect from the first day of the assessment period in which that change occurred or is expected to occur.

21

Except in a case to which paragraph 22 or 31 applies, where the superseding decision is advantageous to the claimant and the change of circumstances was notified to an appropriate office after the end of the assessment period in which the change occurred or after the expiry of such longer period as may be allowed under regulation 36 (effective dates for superseding decisions where changes notified late), the superseding decision takes effect from the first day of the assessment period in which the notification was given.

22

In the case of a person to whom regulation 62 of the Universal Credit Regulations (information for calculating earned income) applies, where—

(a) the relevant change of circumstances is that the person's employed earnings are reduced; and

(b) the person provides such information for the purposes of calculating those earnings at such times as the Department may require,

the superseding decision takes effect from the first day of the assessment period in which that change occurred.

23

In the case of a universal credit decision where the Department is satisfied that, in relation to a limited capability for work determination, the claimant—

(a) failed to notify an appropriate office of a change of circumstances which the claimant was required by regulations under the Administration Act to notify; and

(b) could reasonably have been expected to know that the change of circumstances should have been notified,

the superseding decision takes effect in accordance with paragraph 24.

24

The superseding decision takes effect—

(a) from the first day of the assessment period in which the claimant ought to have notified the change of circumstances; or

(b) if more than one change has taken place between the date from which the decision to be superseded took effect and the date of the superseding decision, from the first day of the assessment period in which the first change ought to have been notified.

25

Where—

(a) the superseding decision is not advantageous to the claimant; and

(b) there has been a universal credit decision where the Department is satisfied that, in relation to a limited capability for work determination, the claimant—

(i) failed to notify an appropriate office of a change of circumstances which the claimant was required by regulations under the Administration Act to notify, and

(ii) could not reasonably have been expected to know that the change of circumstances should have been notified,

the superseding decision takes effect on the first day of the assessment period in which it makes that decision.

26

Where, in any assessment period, a claimant reaches the qualifying age for state pension credit under the State Pension Credit Act (Northern Ireland) 2002, where claiming as a single person, or as a member of a couple to whom regulation 3(1)(a) of the Universal Credit Regulations applies, a superseding decision made in consequence of the person reaching that age takes effect on the first day of the assessment period following that in which the change of circumstances occurs or is expected to occur.

27

A superseding decision of the Department to make or cease making a hardship payment takes effect in accordance with regulation 112 of the Universal Credit Regulations (period of hardship payments).

28

29

Where the superseding decision is advantageous to a claimant and is made on the Department's own initiative, it takes effect from the first day of the assessment period in which the Department commenced action with a view to supersession.

30

In this Part “a universal credit decision” means a decision to award universal credit embodied in or necessary to which is a determination that the claimant has or is to be treated as having limited capability for work.

PART 4 — Common provisions

31

(1) This paragraph applies in relation to an award of personal independence payment or universal credit where the change of circumstances is that the claimant or, in the case of universal credit, a member of the claimant's family, becomes entitled to another relevant benefit or Scottish disability benefit , ceases so to be entitled or the rate of another such benefit or Scottish disability benefit alters.

(2) Where this paragraph applies, the superseding decision takes effect from—

(a) where the superseding decision concerns universal credit, the first day of the assessment period in which—

(i) the entitlement to the other benefit or Scottish disability benefit arises,

(ii) the entitlement to the other benefit or Scottish disability benefit ends, or

(iii) entitlement to a different rate of the other benefit or Scottish disability benefit arises;

(b) where the superseding decision concerns personal independence payment, the date on which—

(i) the entitlement to the other benefit arises,

(ii) the entitlement to the other benefit ends, or

(iii) entitlement to a different rate of the other benefit arises.

(3) For the purpose of sub-paragraph (1), where the superseding decision relates to personal independence payment, “relevant benefit” includes any payment made under any of the provisions mentioned in regulation 56(1) of the Claims and Payments Regulations (cases where mobility component of personal independence payment not payable).

32

Where the change of circumstances is that there has been a change in the legislation, the superseding decision takes effect—

(a) in relation to an award of universal credit that exists on the date on which the change in legislation comes into force—

(i) if there is an assessment period for the award that begins on the date on which that change in legislation has effect, from that date; or

(ii) in any other case, from the first day of the next assessment period for the award beginning after the date on which that change had effect;

(b) in any other case, from the date on which that change in the legislation had effect.

33

Where the change of circumstances is the expected coming into force of a change in the legislation, the superseding decision takes effect—

(a) in relation to an award of universal credit that exists on the date on which the change in legislation comes into force—

(i) if there is an assessment period for the award that begins on the date on which that change in legislation has effect, from that date; or

(ii) in any other case, from the first day of the next assessment period for the award beginning after the date on which that change has effect;

(b) in any other case, from the date on which that change in the legislation has effect.

SCHEDULE 2 — Decision against which an appeal lies

1

A decision as to whether a person is entitled to a benefit for which no claim is required by virtue of regulation 6, or 8(6) and (7) of the Claims and Payments Regulations.

SCHEDULE 3 — Decisions against which no appeal lies

Claims and payments

1

A decision under any of the following provisions of the Claims and Payments Regulations—

(a) regulation 17 (special provisions where it is certified that a woman is expected to be confined or where she has been confined);

(b) regulation 24 (interchange with claims for other benefits);

(d) regulation 41 (direct credit transfer);

(e) regulation 42 (payment of universal credit);

(f) regulation 43 (payment of personal independence payment);

(g) regulation 44 (days for payment of personal independence payment);

(h) regulation 45(1) (payment of personal independence payment at a daily rate between periods in hospital or other accommodation);

(i) regulation 46 (payment of an employment and support allowance);

(j) regulation 47 (payment of a jobseeker's allowance);

(k) regulation 50 (extinguishment of right to payment if payment is not obtained within the prescribed period), except a decision under paragraph (4) of that regulation;

(l) regulation 51 (payments on death);

(m) regulation 52 (persons unable to act);

(n) regulation 53 (payment to another person on the claimant's behalf);

(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) Part 6 (mobility component of personal independence payment).

Other jobseeker’s allowance decisions

2

A decision made in accordance with regulation 39(2) of these Regulations (jobseeker's allowance determinations on incomplete evidence).

Other decisions relating to universal credit

3

A decision in default of an election under regulation 30 of the Universal Credit Regulations (award to include the carer element).

4

A decision as to the amount of universal credit to which a person is entitled, where it appears to the Department that the amount is determined by reference to the claimant's entitlement to an increased amount of universal credit in the circumstances referred to in section 140C(2) of the Administration Act (implementation of increases in universal credit due to attainment of a particular age).

5

So much of a decision as adopts a determination made under the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016.

Suspension

6

A decision of the Department relating to suspending payment of benefit, or to the payment of a benefit which has been suspended, under Part 5 of these Regulations (suspension).

Decisions depending on other cases

7

A decision of the Department in accordance with Article 25 or 26 of the 1998 Order (decisions and appeals dependent on other cases).

Expenses

8

A decision of the Department whether to pay travelling expenses under section 156 of the Administration Act .

Loss of benefit

9

(1) In the circumstances referred to in sub-paragraph (2), a decision of the Department that a sanctionable benefit as defined in section 5A(1) of the Fraud Act is not payable (or is to be reduced) pursuant to section 5B, 6 or 8 of that Act as a result of—

(a) a conviction for one or more benefit offences in one set of proceedings;

(b) an agreement to pay a penalty as an alternative to prosecution;

(d) a conviction for one or more benefit offences in each of two sets of proceedings, the later offence or offences being committed within the period of 5 years after the date of any of the convictions for a benefit offence in the earlier proceedings.

(2) The circumstances are that the only ground of appeal is that any of the convictions was erroneous, or that the offender (as defined in section 5B(1) of the Fraud Act) did not commit the benefit offence in respect of which there has been an agreement to pay a penalty or a caution has been accepted.

Payments on account, overpayments and recovery

10

In the case of personal independence payment, a decision of the Department under the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 , except a decision of the Department under the following provisions of those Regulations—

(a) regulation 5 as to the offsetting of a prior payment against a subsequent award;

(b) regulation 11(1) as to whether a payment in excess of entitlement has been credited to a bank or other account;

11

A decision of the Department under the Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016 , except a decision under regulation 10 (bringing payments on account of benefit into account) of those Regulations.

12

A decision of the Department under the Social Security (Overpayments and Recovery) Regulations (Northern Ireland) 2016 , except a decision of the Department under the following provisions of those Regulations—

(a) regulation 4(3), as to the person from whom an overpayment of a housing payment is recoverable;

(b) regulation 7 as to the treatment of capital to be reduced;

(d) regulation 9 (sums to be deducted: change of dwelling).

Reciprocal agreements

13

A decision of the Department made in accordance with an order made under section 155 of the Administration Act (reciprocal agreements with countries outside the United Kingdom).

European Community regulations

14

An authorisation given by the Department in accordance with Article 22(1) or 55(1) of Council Regulation (EEC) No. 1408/71 , as amended from time to time, on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the European Union.

Up-rating

15

A decision of the Department relating to the up-rating of benefits under Part IX of the Administration Act (alteration of contributions and benefits).

Signed

Signed by authority of the Secretary of State for Work and Pensions

Freud — Minister of State, — 2016-05-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

1992 c. 8; section 5(1A) is inserted by Article 104(3) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I.1)), section 139D is inserted by paragraph 19 of Schedule 2 to that Order and is further amended by paragraph 9 of Schedule 3 and Part 1 of Schedule 12 to that Order; 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) and section 18(5) of the National Insurance Contributions Act 2014 (c. 7) and subsections (5A) and (5B) of section 165 are inserted by Article 108(1) of the Welfare Reform (Northern Ireland) Order 2015 and section 165(6) was amended by Schedule 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)). Section 167(1) is cited for the meaning it gives to ‘prescribe’ and ‘regulations’.

S.I. 1998/1506 (N.I. 10); Article 10(1) is amended by Part 7 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015, Article 11A was inserted by paragraph 18 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and amended by paragraph 42 of Schedule 2 to S.I. 2009/56, 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 is amended by Article 107(2) of the Welfare Reform (Northern Ireland) Order 2015 and paragraphs (3A), (3B) and (5A) of Article 13 are inserted by Article 107(3) and (4) of that Order, Article 18(1) was amended by paragraph 23 of Schedule 6 to Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, Article 20(2) was amended by section 55(4) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)), Article 22 was amended by paragraph 8 of Schedule 1 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and is amended by Article 104(5) and Part 9 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015, Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002 (c. 21) and is amended by Article 108(2) of the Welfare Reform (Northern Ireland) Order 2015 and paragraphs (5A) and (5B) of Article 74 are inserted by Article 108(1) of that Order. Article 2(2) is cited for the meaning it gives to ‘prescribe’ and ‘the Administration Act’.

S.I. 2015/2006 (N.I.1).

2007 c. 2 (N.I.).

1992 c. 8 (N.I.)

Part II of Schedule 3 was amended by Schedule 9 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.

S.R. 2016 No. 220.

2001 c. 9 (N.I.); the definition of “electronic communication” was amended by paragraph 170 of Schedule 17 to the Communications Act 2003 (c. 21).

S.R. 2016 No. 219.

2001 c. 17 (N.I.).

Section 5B was inserted by section 19(1) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and is amended by Articles 115(8)(a), 117(2) to (6) and 118(2) of, and paragraph 47 of Schedule 2, paragraph 14 of Schedule 3 and Part 1 of Schedule 12 to, the Welfare Reform (Northern Ireland) Order 2015. Section 6 was amended by paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, Schedule 6 to the Tax Credits Act 2002, section 45 of, and paragraph 14(2) and (3) of Schedule 3 to, the Welfare Reform Act (Northern Ireland) 2007, paragraph 1 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010, Articles 117(7), 118(3) to (11) of, and paragraph 48 of Schedule 2, paragraph 15 of Schedule 3 and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015. Section 8 was amended by paragraph 34 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 14(4) and (5) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007, paragraph 3 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010 and paragraph 50 of Schedule 2 and Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015.

S.R. 2016 No. 218.

S.I. 1995/2705 (N.I. 15).

The definition of “the court” was amended by paragraph 67 of Schedule 9 to the Constitutional Reform Act 2005 (c. 4)

The definition of “relevant benefit” was amended by Part VII of Schedule 13 to the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 6 to the Tax Credits Act 2002, paragraph 6(a) of Schedule 1 to the State Pension Credit Act (Northern Ireland) 2002 and paragraph 10(3)(a) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 and is amended by paragraph 36(a) of Schedule 2 and paragraph 37(a) of Schedule 9 to the Welfare Reform (Northern Ireland) Order 2015.

S.R. 2016 No. 216.

1954 c. 33 (N.I.).

Article 9 was amended by paragraph 16 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, Part VII of Schedule 13 to the Welfare Reform and Pensions Act 1999, Schedule 6 to the Tax Credits Act 2002, paragraph 6 of Schedule 1 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 10(3) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 and is amended by paragraph 36 of Schedule 2 and paragraph 37 of Schedule 9 to the Welfare Reform (Northern Ireland) Order 2015 and Article 11 was amended by paragraph 17 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.

Article 13(2) was substituted by paragraph 19(2) of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and amended by Article 107(2) of the Welfare Reform (Northern Ireland) Order 2015.

Schedule 2 was amended by paragraph 61 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), paragraph 10 of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.)), paragraph 11 of Schedule 1 and Schedule 3 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 10(8) of Schedule 3 and Schedule 8 to the Welfare Reform Act (Northern Ireland) 2007 and Article 2(2) of S.R. 2002 No. 321 and is amended by paragraph 41 of Schedule 2 and paragraph 37 of Schedule 9 to the Welfare Reform (Northern Ireland) Order 2015.

S.R. 1999 No. 162.

Section 11J is inserted by Article 63(2) of the Welfare Reform (Northern Ireland) Order 2015.

Sections 8J and 8K are inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015.

S.R. 1996 No. 198, regulation 55ZA was inserted by regulation 2(5) of S.R. 2015 No. 138.

Section 1A is inserted by Article 57(1) of the Welfare Reform (Northern Ireland) Order 2015.

S.R. 2010 No. 312.

S.R. 2001 No. 102; regulation 5 was amended by regulation 20(2) of S.I. 2002/2366 and regulation 28(4) of S.R. 2008 No. 286.

Regulation 6 was amended by regulation 20(3) of S.I. 2002/2366.

S.I. 2001/1004; regulation 60 was amended by regulation 11 of S.I. 2002/2366 and regulation 5 of S.I. 2007/1056.

Regulation 6C was inserted by regulation 3(3) of S.R. 2009 No. 105.

S.R. 2016 No. 222.

1999 c. 8; section 60 was amended by section 26(9) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) and paragraph 1 of Schedule 8, paragraph 10 of Schedule 10 and Part 2 of Schedule 15 to the Health and Social Care Act 2008 (c. 14), sections 209(1) to (10), 210 and 213(7)(i) of, and paragraphs 60 and 72(2) of Schedule 15 to, the Health and Social Care Act 2012 (c. 7) and paragraph 8(a) of Schedule 4 to S.I. 2002/254.

Section 5B was inserted by section 19(1) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and is amended by Articles 115(8)(a), 117(2) to (6) and 118(2) of, and paragraph 47 of Schedule 2, paragraph 14 of Schedule 3 and Part 1 of Schedule 12 to, the Welfare Reform (Northern Ireland) Order 2015. Section 6 was amended by paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, Schedule 6 to the Tax Credits Act 2002, section 45 of, and paragraph 14(2) and (3) of Schedule 3 to, the Welfare Reform Act (Northern Ireland) 2007, paragraph 1 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010, Articles 117(7), 118(3) to (11) of, and paragraph 48 of Schedule 2, paragraph 15 of Schedule 3 and Part 1 of Schedule 12 to, the Welfare Reform (Northern Ireland) Order 2015. Section 8 was amended by paragraph 34 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 14(4) and (5) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007, paragraph 3 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010 and paragraph 50 of Schedule 2 and Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015.

Article 27 was amended by paragraph 9 of Schedule 1 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 67 of Schedule 9 to the Constitutional Reform Act 2005 and paragraph 10(5) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007.

The definition of “the court” was amended by paragraph 67 of Schedule 9 to the Constitutional Reform Act 2005.

Article 11 was amended by paragraph 17 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.

Section 139D is inserted by paragraph 19 of Schedule 2 to the Welfare Reform (Northern Ireland) Order 2015.

Article 7 was amended by sections 80(6) and 81(5) of, and Part VIII(2) of Schedule 9 to, the Child Support, Pensions and Social Security Act 2000 (c. 19) and Article 10(2) and (3) of the Employment (Northern Ireland) Order 2002 (S.I.2002/2836 (N.I. 2)).

S.I. 1999/671.

Sections 69ZB, 69ZG and 69ZH are inserted by Article 109(1) of the Welfare Reform (Northern Ireland) 2015.

S.R. 1976 No. 175; regulation 2 was amended by regulation 2(3) of S.R. 1987 No. 117, regulation 2(3) of S.R. 1994 No. 468, regulation 3(3) of S.R. 2000 No. 4, regulation 2(2) of S.R. 2001 No. 308, regulation 8(3) of S.R. 2008 No. 286 and regulation 2(2) of S.R. 2010 No. 55.

S.R. 1999 No. 162; regulation 53(4) was amended by regulation 6(15)(b) of S.R. 2000 No. 215, regulation 2(15) of S.R. 2002 No. 189 and regulation 7(10)(b) of S.R. 2005 No. 46.

S.R. 1999 No. 162; relevant amending Regulations are S.R. 1999 No. 272, S.R. 2000 No. 215, S.R. 2002 No. 189, S.R. 2003 No. 224 and S.R. 2008 Nos. 286 and 490.

The definition of “Welfare Reform Act” was inserted by regulation 22(2)(a) of S.R. 2008 No. 286.

The definition of “out of jurisdiction appeal” was substituted by regulation 3(2) of S.R. 2003 No. 224.

Regulation 31(1)(a) was substituted by regulation 2(8) of S.R. 2002 No. 189.

Regulation 36(6) was amended by regulation 6(11)(f) of S.R. 2000 No. 215 and regulation 36(7) was substituted by regulation 2(2)(b) of S.R. 2008 No. 490.

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

Regulation 41 was amended by regulation 2(5) of S.R. 1999 No. 272 and regulation 2(3) of S.R. 2008 No. 490.

S.I. 1986/595 (N.I. 4); Article 44 was amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)), paragraph 25 of Schedule 5 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)), paragraph 5(1) of Schedule 5 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) and paragraphs 1(1) and 8(1) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)) and Article 53 was amended by paragraph 27 of Schedule 5 to Criminal Justice (Children) (Northern Ireland) Order 1998 and paragraph 8(1) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009.

2002 c. 14 (N.I.).

Section 140C is inserted by paragraph 20 of Schedule 2 to the Welfare Reform (Northern Ireland) Order 2015.

Section 156 was amended by paragraph 49 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995, paragraph 85 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and paragraph 20 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002.

Sections 5A and 5B were inserted by section 19(1) of the Welfare Reform Act (Northern Ireland) 2010. Section 5A(1) is amended by paragraph 46 of Schedule 2 to the Welfare Reform (Northern Ireland) Order 2015. Section 5B is amended by Articles 115(8)(a), 117(2) to (6) and 118(2) of, and paragraph 47 of Schedule 2, paragraph 14 of Schedule 3 and Part 1 of Schedule 12 to, the Welfare Reform (Northern Ireland) Order 2015. Section 6 was amended by paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, Schedule 6 to the Tax Credits Act 2002, section 45 of, and paragraph 14(2) and (3) of Schedule 3 to, the Welfare Reform Act (Northern Ireland) 2007, paragraph 1 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010, Articles 117(7), 118(3) to (11) of, and paragraph 48 of Schedule 2, paragraph 15 of Schedule 3 and Part 1 of Schedule 12 to, the Welfare Reform (Northern Ireland) Order 2015, Section 8 was amended by paragraph 34 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 14(4) and (5) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007, paragraph 3 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010 and paragraph 50 of Schedule 2 and Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015.

S.R. 1988 No. 142.

Regulation 5 was amended by Article 11(4) of S. R. 1999 No. 472 (C. 36), regulation 5 of S.R. 2000 No. 404, regulation 26(5) of S.R. 2003 No.191, regulation 7 of S.R. 2005 No. 299, regulation 3 of S.R. 2006 No. 113, regulation 15(5) of S.R. 2008 No. 286 and regulation 4 of S.R. 2010 No. 200.

Regulation 13 was amended by regulation 26(5) of S.R. 2003 No. 191, regulation 15(8) of S.R. 2008 No. 286, regulation 2(2) of S.R. 2012 No. 108 and is substituted by regulation 31(6) of S.R. 2016 No. 224.

S.R. 2016 No. 223.

S. R. 2016 No. 224.

Section 155 was amended by paragraph 48 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995, paragraph 84 of Schedule 6 to the Social Security (Northern Ireland) Order 1998, paragraph 19 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 4(25) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 and regulation 3 of S.R. 2011 No. 357 and is amended by paragraph 23 of Schedule 2 and paragraph 24 of Schedule 9 to the Welfare Reform (Northern Ireland) Order 2015.

O.J. No. L149/2, 5.7.1971 (O.J./S.E. 1971 (II) p. 416).

Claims and payments

Other jobseeker's allowance decisions

Other decisions relating to universal credit

Suspension

Decisions depending on other cases

Expenses

Loss of benefit

Payments on account, overpayments and recovery

Reciprocal agreements

European Community regulations

Up-rating

Editorial notes

S.I. 2015/2006 (N.I.1).

2007 c. 2 (N.I.).

1992 c. 8 (N.I.)

Part II of Schedule 3 was amended by Schedule 9 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.

S.R. 2016 No. 220.

2001 c. 9 (N.I.); the definition of “electronic communication” was amended by paragraph 170 of Schedule 17 to the Communications Act 2003 (c. 21).

S.R. 2016 No. 219.

2001 c. 17 (N.I.).

S.R. 2016 No. 218.

S.I. 1995/2705 (N.I. 15).

The definition of “the court” was amended by paragraph 67 of Schedule 9 to the Constitutional Reform Act 2005 (c. 4)

S.R. 2016 No. 216.

1954 c. 33 (N.I.).

S.R. 1999 No. 162.

Section 11J is inserted by Article 63(2) of the Welfare Reform (Northern Ireland) Order 2015.

Sections 8J and 8K are inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015.

S.R. 1996 No. 198, regulation 55ZA was inserted by regulation 2(5) of S.R. 2015 No. 138.

Section 1A is inserted by Article 57(1) of the Welfare Reform (Northern Ireland) Order 2015.

S.R. 2010 No. 312.

S.R. 2001 No. 102; regulation 5 was amended by regulation 20(2) of S.I. 2002/2366 and regulation 28(4) of S.R. 2008 No. 286.

Regulation 6 was amended by regulation 20(3) of S.I. 2002/2366.

S.I. 2001/1004; regulation 60 was amended by regulation 11 of S.I. 2002/2366 and regulation 5 of S.I. 2007/1056.

Regulation 6C was inserted by regulation 3(3) of S.R. 2009 No. 105.

S.R. 2016 No. 222.

Section 5B was inserted by section 19(1) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and is amended by Articles 115(8)(a), 117(2) to (6) and 118(2) of, and paragraph 47 of Schedule 2, paragraph 14 of Schedule 3 and Part 1 of Schedule 12 to, the Welfare Reform (Northern Ireland) Order 2015. Section 6 was amended by paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, Schedule 6 to the Tax Credits Act 2002, section 45 of, and paragraph 14(2) and (3) of Schedule 3 to, the Welfare Reform Act (Northern Ireland) 2007, paragraph 1 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010, Articles 117(7), 118(3) to (11) of, and paragraph 48 of Schedule 2, paragraph 15 of Schedule 3 and Part 1 of Schedule 12 to, the Welfare Reform (Northern Ireland) Order 2015. Section 8 was amended by paragraph 34 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 14(4) and (5) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007, paragraph 3 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010 and paragraph 50 of Schedule 2 and Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015.

The definition of “the court” was amended by paragraph 67 of Schedule 9 to the Constitutional Reform Act 2005.

Article 11 was amended by paragraph 17 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.

Section 139D is inserted by paragraph 19 of Schedule 2 to the Welfare Reform (Northern Ireland) Order 2015.

100

101

S.I. 1999/671.

102

Sections 69ZB, 69ZG and 69ZH are inserted by Article 109(1) of the Welfare Reform (Northern Ireland) 2015.

103

104

S.R. 1999 No. 162; regulation 53(4) was amended by regulation 6(15)(b) of S.R. 2000 No. 215, regulation 2(15) of S.R. 2002 No. 189 and regulation 7(10)(b) of S.R. 2005 No. 46.

105

106

S.R. 1999 No. 162; relevant amending Regulations are S.R. 1999 No. 272, S.R. 2000 No. 215, S.R. 2002 No. 189, S.R. 2003 No. 224 and S.R. 2008 Nos. 286 and 490.

107

The definition of “Welfare Reform Act” was inserted by regulation 22(2)(a) of S.R. 2008 No. 286.

108

The definition of “out of jurisdiction appeal” was substituted by regulation 3(2) of S.R. 2003 No. 224.

109

Regulation 31(1)(a) was substituted by regulation 2(8) of S.R. 2002 No. 189.

110

Regulation 36(6) was amended by regulation 6(11)(f) of S.R. 2000 No. 215 and regulation 36(7) was substituted by regulation 2(2)(b) of S.R. 2008 No. 490.

111

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

112

Regulation 41 was amended by regulation 2(5) of S.R. 1999 No. 272 and regulation 2(3) of S.R. 2008 No. 490.

113

114

Section 140C is inserted by paragraph 20 of Schedule 2 to the Welfare Reform (Northern Ireland) Order 2015.

115

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The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016

Appeals against decisions which have been revised

51

Decisions involving issues that arise on appeal in other cases

52

Appeals involving issues that arise in other cases

53

PART 8 — Consequential amendments

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

54

SCHEDULE 1 — Effective dates for superseding decisions made on the ground of a change of circumstances

PART 1 — Employment and support allowance and jobseeker's allowance

1

2

3

4

5

6

7

8

9

10

11

PART 2 — Personal independence payment

12

13

14

15

16

17

18

19

PART 3 — Universal credit

20

21

22

23

24

25

26

27

28

29

30

PART 4 — Common provisions

31

32

33

SCHEDULE 2 — Decision against which an appeal lies

1

SCHEDULE 3 — Decisions against which no appeal lies

Claims and payments

1

Other jobseeker’s allowance decisions

2

Other decisions relating to universal credit

3

4

5

Suspension

6

Decisions depending on other cases

7

Expenses

8

Loss of benefit

9

Payments on account, overpayments and recovery

10

11

12

Reciprocal agreements

13

European Community regulations

14

Up-rating

15

Signed

Explanatory note

Footnotes