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Date from which a decision superseded under Article 11 takes effect
     7.  - (1) This regulation contains exceptions to the provisions of Article 11(5) as to the date from which a decision under Article 11 which supersedes an earlier decision is to take effect.

    (2) Where a decision under Article 11 is made on the ground that there has been, or it is anticipated that there will be, a relevant change of circumstances since the decision was made, the decision under Article 11 shall take effect - 

(a) where the decision is advantageous to the claimant and the change was notified to an appropriate office within one month of the change occurring or within such longer period as may be allowed under regulation 8 for the claimant's failure to notify the change on an earlier date - 


(i) subject to head (ii), from the date on which the change occurred or, where the change does not take effect until a later date, from the first day on which such effect occurs, or

(ii) in a case where the date on which a change of circumstances it to take effect falls to be determined in accordance with regulation 26 or 26A of the Claims and Payments Regulations[17], from the date so determined;



(b) where the decision is advantageous to the claimant and the change was notified to an appropriate office more than one month after the change occurred or after the expiry of any such longer period as may have been allowed under regulation 8 - 



(i) in the case of a claimant who is in receipt of income support or a jobseeker's allowance and benefit is paid in arrears, from the beginning of the benefit week in which the notification was made,

(ii) in the case of claimant who is in receipt of income support or a jobseeker's allowance and benefit is paid in advance and the date of notification is the first day of a benefit week, from that date and otherwise, from the beginning of the benefit week following the week in which the notification was made, or

(iii) in any other case, from the date of notification of the relevant change of circumstances; or



(c) where the decision is not advantageous to the claimant - 



(i) in a case where the date on which the change of circumstances is to take effect falls to be determined in accordance with regulation 26 or 26A of the Claims and Payments Regulations, from the date so determined, or

(ii) in any other case, from the date of the change.

    (3) For the purposes of paragraphs (2) and (8) "benefit week" has the same meaning as in regulation 2(1) of the Income Support Regulations or, as the case may be, regulation 1(2) of the Jobseeker's Allowance Regulations.

    (4) In paragraph (2), a decision which is advantageous to the claimant includes a decision specified in regulation 30(2).

    (5) Where the Department supersedes a decision made by an appeal tribunal or a Commissioner on the grounds specified in regulation 6(2)(c), the decision under Article 11 shall take effect - 

(a) in a case where, as a result of that ignorance of, or mistake as to, some material fact, the decision was more advantageous to the claimant than it would otherwise have been but for that ignorance or mistake, from the date on which the decision of the appeal tribunal or the Commissioner took, or was to take, effect; or

(b) in any other case, from the date of the decision under Article 11.

    (6) A decision made under Article 11 in consequence of a decision which is a relevant determination for the purposes of Article 27 shall take effect from the date of the relevant determination.

    (7) A decision to which regulation 6(2)(e) applies may be made so as to take effect from the date on which the decision which has been superseded took effect, or at any time thereafter which is reasonable in the particular circumstances of the case.

    (8) A decision to which regulation 6(2)(f) applies may be made so as to take effect from - 

(a) except where sub-paragraph (b) applies, the day immediately following the end of the benefit week in which the decision under Article 11 was made; or

(b) where, in accordance with regulation 26A(1) of the Claims and Payments Regulations, a jobseeker's allowance is paid otherwise than fortnightly in arrears, and notwithstanding the provisions of regulation 69 of the Jobseeker's Allowance Regulations, the day immediately following the end of the last benefit week in respect of which a jobseeker's allowance was paid.

    (9) In any case relating to attendance allowance or disability living allowance in which the decision was made under Article 11 on the grounds of a relevant change of circumstances by virtue of regulation 6(2)(a)(i) and the decision is advantageous to the claimant, the decision shall take effect from whichever is the later of - 

(a) the date declared by the Department to be the date on which the change of circumstances occurred;

(b) where more than one change has occurred between the date of the decision to be superseded ("the original decision") and the date of the application or, as the case may be, the date on which the Department determines on its own initiative to supersede the original decision, the date declared by the Department to be the date on which the most recent change took effect; or

(c) where the claimant notifies the change within one month of the date on which he first satisfies the conditions in, for the period of time specified in, section 65(1)(b) of the Contributions and Benefits Act or, as the case may be, section 72(2)(a) or 73(9)(a) of that Act, following the change or most recent change of circumstances which gave rise to the decision under Article 11, the first pay day (as specified in Schedule 6 to the Claims and Payments Regulations) after the requirement is first satisfied.

    (10) A decision as to an award of incapacity benefit, which is made under Article 11 because section 30B(4) of the Contributions and Benefits Act[18] applies to the claimant, shall take effect from the date on which he became entitled to the highest rate of the care component of disability living allowance.

    (11) A decision as to an award of incapacity benefit or severe disablement allowance, which is made under Article 11 because the claimant is to be treated as incapable of work under regulation 10 of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995[19], shall take effect from the date on which he is to be treated as incapable of work.

    (12) Where this paragraph applies, a decision under Article 11 may be made so as to take effect from such date, not more than eight weeks before - 

(a) the application for supersession; or

(b) where no application is made, the date on which the decision under Article 11 is made,

as is reasonable in the particular circumstances of the case.

    (13) Paragraph (12) applies where - 

(a) the effect of a decision under Article 11 is that there is to be included in a claimant's applicable amount an amount in respect of a loan which qualifies under - 


(i) paragraph 15 or 16 of Schedule 3 to the Income Support Regulations[20], or

(ii) paragraph 14 or 15 of Schedule 2 to the Jobseeker's Allowance Regulations; and



(b) that decision could not have been made earlier because information necessary to make that decision, requested otherwise than in accordance with paragraph 9(3)(b) of Schedule 8B to the Claims and Payments Regulations[21], had not been supplied to the Department by the lender.

    (14) Subject to paragraph (23), where a claimant is in receipt of income support and his applicable amount includes an amount determined in accordance with Schedule 3 to the Income Support Regulations, and there is a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 15 or 16 of that Schedule, a decision made under Article 11 shall take effect - 

(a) on the first anniversary of the date on which the claimant's housing costs were first met under that Schedule; or

(b) where the reduction in eligible capital occurred after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the reduction.

    (15) Where a claimant is in receipt of income support and payments made to that claimant which fall within paragraph 29 or 30(1)(a) to (c) of Schedule 9 to the Income Support Regulations[22] have been disregarded in relation to any decision under Article 9 or 11 and there is a change in the amount of interest payable - 

(a) on a loan qualifying under paragraph 15 or 16 of Schedule 3 to those Regulations to which those payments relate; or

(b) on a loan not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,

a decision under Article 11 which is made as a result of that change in the amount of interest payable shall take effect on whichever of the dates referred to in paragraph (16) is appropriate in the claimant's case.

    (16) The date on which a decision under Article 11 takes effect for the purposes of paragraph (15) is - 

(a) the date on which the claimant's housing costs are first met under paragraph 6(1)(a), 8(1)(a) or 9(2)(a) of Schedule 3 to the Income Support Regulations; or

(b) where the change in the amount of interest payable occurred after the date referred to in sub-paragraph (a), on the date of the next alteration in the standard rate following the date of that change.

    (17) In paragraph (16), "standard rate" has the same meaning as in paragraph 1(2) of Schedule 3 to the Income Support Regulations.

    (18) Subject to paragraph (24) and, except in a case to which paragraph (23) applies, where a claimant is in receipt of a jobseeker's allowance and his applicable amount includes an amount determined in accordance with Schedule 2 to the Jobseeker's Allowance Regulations, and there is a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 14 or 15 of that Schedule, a decision under Article 11 made as a result of that reduction shall take effect - 

(a) on the first anniversary of the date on which the claimant's housing costs were first met under that Schedule; or

(b) where the reduction in eligible capital occurred after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the reduction.

    (19) Where a claimant is in receipt of a jobseeker's allowance and payments made to that claimant which fall within paragraph 30 or 31(1)(a) to (c) of Schedule 6 to the Jobseeker's Allowance Regulations have been disregarded in relation to any decision under Article 9 or 11 and there is a change in the amount of interest payable - 

(a) on a loan qualifying under paragraph 14 or 15 of Schedule 2 to those Regulations to which those payments relate; or

(b) on a loan not so qualifying which is secured on the dwelling occupied as the home to which those payments relate,

a decision under Article 11 which is made as a result of that change in the amount of interest payable shall take effect on whichever of the dates referred to in paragraph (20) is appropriate in the claimant's case.

    (20) The date on which a decision under Article 11 takes effect for the purposes of paragraph (19) is - 

(a) the date on which the claimant's housing costs are first met under paragraph 6(1)(a), 7(1)(a) or 8(2)(a) of Schedule 2 to the Jobseeker's Allowance Regulations; or

(b) where the change in the amount of interest payable occurred after the date referred to in sub-paragraph (a), on the date of the next alteration in the standard rate following the date of that change.

    (21) In paragraph (20), "standard rate" has the same meaning as in paragraph 1(2) of Schedule 2 to the Jobseeker's Allowance Regulations.

    (22) Where - 

(a) a claimant was paid benefit in respect of 6th October 1996 in accordance with an award of income support;

(b) that claimant's applicable amount includes an amount determined in accordance with Schedule 3 to the Income Support Regulations;

(c) the claimant is treated as having been awarded a jobseeker's allowance by virtue of regulation 7 of the Jobseeker's Allowance (Transitional Provisions) (No. 2) Regulations (Northern Ireland) 1996[23]; and

(d) a decision is made under Article 11 in consequence of a reduction in the amount of eligible capital owing in connection with a loan which qualifies under paragraph 15 or 16 of Schedule 3 to the Income Support Regulations,

the decision under Article 11 referred to in sub-paragraph (d) shall take effect on the next anniversary of the date on which housing costs were first met which occurs after the reduction.

    (23) Where, in any case to which paragraph (14) or (18) applies, a claimant has been continuously in receipt of, or treated as having been continuously in receipt of, income support or a jobseeker's allowance, or one of those benefits followed by the other, and he or his partner continues to receive either benefit, the anniversary to which those paragraphs refer shall be the anniversary of the earliest date on which benefit (whether income support or a jobseeker's allowance) in respect of those mortgage interest costs became payable.

    (24) Where - 

(a) it has been determined that the amount of a jobseeker's allowance payable to a young person is to be reduced under regulation 63 of the Jobseeker's Allowance Regulations because paragraph (1)(b)(iii), (c), (d), (e) or (f) of that regulation applied in his case; and

(b) the decision made in consequence of sub-paragraph (a) falls to be superseded by a decision under Article 11 because the Department has subsequently issued a certificate under Article 19(4) of the Jobseekers Order with respect to the failure in question,

the decision under Article 11 shall take effect from the same date as the decision made in consequence of sub-paragraph (a) has effect.

Effective date for late notifications of change of circumstances
     8.  - (1) For the purposes of regulation 7(2), a longer period of time may be allowed for the notification of a change of circumstances in so far as it affects the effective date of the change where the conditions specified in the following provisions of this regulation are satisfied.

    (2) An application for the purposes of regulation 7(2) shall be made by the claimant or a person acting on his behalf.

    (3) The application referred to in paragraph (2) shall - 

(a) contain particulars of the relevant change of circumstances and the reasons for the failure to notify the change of circumstances on an earlier date; and

(b) be made within 13 months of the date the change occurred.

    (4) An application under this regulation shall not be granted unless the Department is satisfied that - 

(a) it is reasonable to grant the application;

(b) the change of circumstances notified by the applicant is relevant to the decision which is to be superseded; and

(c) special circumstances are relevant to the application and as a result of those special circumstances it was not practicable for the applicant to notify the change of circumstances within one month of the change occurring.

    (5) In determining whether it is reasonable to grant an application, the Department shall have regard to the principle that the greater the amount of time that has elapsed between the date one month after the change of circumstances occurred and the date on which the application for the purposes of regulation 7(2) is made, the more compelling should be the special circumstances on which the application is based.

    (6) In determining whether it is reasonable to grant an application, no account shall be taken of the following - 

(a) that the applicant or any person acting for him was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or

(b) that a Commissioner or a court has taken a different view of the law from that previously understood and applied.

    (7) An application under this regulation which has been refused may not be renewed.

    (8) In this regulation "Commissioner" includes a Commissioner within the meaning of section 39(1) of the Social Security Act 1998.

(a) a mistake (whether in computation of the amount specified or otherwise) occurred in the preparation of the certificate;

(b) the benefit recovered from a person who makes a compensation payment (as defined in Article 3 of the Recovery of Benefits Order) is in excess of the amount due to the Department;

(c) incorrect or insufficient information was supplied to the Department by the person who applied for the certificate and in consequence the amount of benefit specified in the certificate was less than it would have been had the information supplied been correct and sufficient; or

(d) a ground for appeal is satisfied under Article 13 of the Recovery of Benefits Order.

Effect of a determination as to capacity for work
     10. A determination (including a determination made following a change of circumstances) whether a person is, or is to be treated as, capable or incapable of work which is embodied in or necessary to a decision under Chapter II of Part II of the Order or on which such a decision is based shall be conclusive for the purposes of any further such decision.

Department to determine certain matters
     11. Where, in relation to a determination for any purpose to which Part XIIA of the Contributions and Benefits Act[25] applies, an issue arises as to - 

(a) whether a person is, or is to be treated as, capable or incapable of work in respect of any period; or

(b) whether a person is terminally ill,

that issue shall be determined by the Department, notwithstanding that other matters fall to be determined by another authority.

Decisions of the Department relating to industrial injuries benefit
     12.  - (1) This regulation applies where, for the purpose of a decision of the Department relating to a claim for industrial injuries benefit under Part V of the Contributions and Benefits Act an issue to be decided is - 

(a) the extent of a personal injury for the purposes of section 94 of that Act;

(b) whether the claimant has a disablement for the purposes of section 103 of that Act or the extent of any such disablement; or

(c) whether the claimant has a disease prescribed for the purposes of section 108 of that Act or the extent of any disablement resulting from such a disease.

    (2) In connection with making a decision to which this regulation applies, the Department may refer an issue, together with any relevant information or evidence available to it, including any information or evidence provided by or on behalf of the claimant, to a medical practitioner who has experience in such of the issues specified in paragraph (1) as are relevant to the decision, for such report as appears to the Department to be necessary for the purpose of providing it with information for use in making the decision.

    (3) In making a decision to which this regulation applies, the Department shall have regard to (among other factors) - 

(a) all relevant medical reports provided to it in connection with that decision; and

(b) the experience, in such of the issues specified in paragraph (1) as are relevant to the decision, of any medical practitioner who has provided a report, including a medical practitioner who has provided a report following an examination required by the Department under Article 19.

Income support and social fund determinations on incomplete evidence
     13.  - (1) Where, for the purpose of a decision under Article 9 or 11 - 

(a) a determination falls to be made by the Department as to what housing costs are to be included in a claimant's applicable amount by virtue of regulation 17(1)(e) or 18(1)(f) of, and Schedule 3 to, the Income Support Regulations; and

(b) it appears to the Department that it is not in possession of all of the information or evidence which is relevant for the purposes of such a determination,

it shall make the determination on the assumption that the housing costs to be included in the claimant's applicable amount are those that can be immediately determined.

    (2) Where, for the purpose of a decision under Article 9 or 11 - 

(a) a determination falls to be made by the Department as to whether - 


(i) in relation to any person, the applicable amount falls to be reduced or disregarded to any extent by virtue of section 125(3) of the Contributions and Benefits Act,

(ii) for the purposes of regulation 12 of the Income Support Regulations[26], a person is by virtue of that regulation to be treated as receiving relevant education, or

(iii) in relation to any claimant, the applicable amount includes severe disability premium by virtue of regulation 17(1)(d) or 18(1)(e) of, and paragraph 13 of Schedule 2 to, the Income Support Regulations; and



(b) it appears to the Department that it is not in possession of all of the information or evidence which is relevant for the purposes of such a determination,

it shall make the determination on the assumption that the relevant information or evidence which is not in its possession is adverse to the claimant.

Effect of alteration in the component rates of income support and jobseeker's allowance
     14.  - (1) Section 139 of the Administration Act shall not apply to any award of income support in force in favour of a person where there is applicable to that person - 

(a) any amount determined in accordance with regulation 17(2) to (7) of the Income Support Regulations[27];

(b) any protected sum determined in accordance with Schedule 3A or 3B to those Regulations[28]; or

(c) any transitional addition, personal expenses addition or special transitional addition applicable under Part II of the Income Support (Transitional) Regulations (Northern Ireland) 1987[29].

    (2) Where section 139 of the Administration Act does not apply to an award of income support by virtue of paragraph (1), a decision under Article 11 may be made in respect of that award for the sole purpose of giving effect to any change made by an order under section 132 of the Administration Act[30].

    (3) Section 139A of the Administration Act[31] shall not apply to any award of a jobseeker's allowance in force in favour of a person where there is applicable to that person any amount determined in accordance with regulation 87 of the Jobseeker's Allowance Regulations.

    (4) Where section 139A of the Administration Act does not apply to an award of a jobseeker's allowance by virtue of paragraph (3), a decision under Article 11 may be made in respect of that award for the sole purpose of giving effect to any change made by an order under section 132 of the Administration Act.

Jobseeker's allowance determinations on incomplete evidence
     15. Where, for the purpose of a decision under Article 9 or 11 - 

(a) a determination falls to be made by the Department as to whether - 


(i) in relation to any person, the applicable amount falls to be reduced or disregarded to any extent by virtue of Article 17 of the Jobseekers Order, or

(ii) for the purposes of regulation 54 of the Jobseeker's Allowance Regulations[32], a person is by virtue of that regulation to be treated as receiving relevant education; and



(b) it appears to the Department that it is not in possession of all of the information or evidence which is relevant for the purposes of such a determination,

it shall make the determination on the assumption that the relevant information or evidence which is not in its possession is adverse to the claimant.

(a) it appears to the Department that - 


(i) an issue arises whether the conditions for entitlement to a relevant benefit are or were fulfilled,

(ii) an issue arises whether a decision as to an award of a relevant benefit should be revised under Article 10 or superseded under Article 11,

(iii) an issue arises whether any amount paid or payable to a person by way of, or in connection with a claim for, a relevant benefit is recoverable under section 69, 69A or 72 of the Administration Act[33] or regulations made under any of those sections, or

(iv) the last address notified to it of a person who is in receipt of a relevant benefit is not the address at which that person is residing; or



(b) an appeal is pending against - 



(i) a decision of an appeal tribunal, a Commissioner or a court, or

(ii) a decision given in a different case by a Commissioner or a court, and it appears to the Department that, if the appeal were to be determined in a particular way, an issue would arise as to whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.

    (4) For the purposes of Article 21(3)(c) an appeal is pending where the Department certifies in writing that it proposes - 

(a) to make a request under regulation 53(4) for a statement of reasons for a decision of an appeal tribunal;

(b) to bring an appeal against the decision; or

(c) to bring an appeal against a decision in a different case and, if that appeal were to be allowed, an issue would arise as to whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.

    (5) In this regulation "Commissioner" includes a Commissioner within the meaning of section 39(1) of the Social Security Act 1998.

[18] Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by paragraphs 14(b) and 18(3) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))back

[19] S.R. 1995 No. 41; relevant amending regulations are S.R. 1995 No. 149, S.R. 1996 No. 601 and S.R. 1997 No. 174back

[20] Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301back

[21] Schedule 8B was inserted by regulation 5 of S.R. 1992 No. 271back

[22] Paragraphs 29 and 30 were substituted by paragraph 1 of Schedule 3 to S.R. 1995 No. 301back

[23] S.R. 1996 No. 518, to which there are amendments not relevant to these regulationsback

[24] Article 12(1) was substituted by paragraph 120(1) of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))back

[25] Part XIIA was inserted by Articles 7 and 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994back

[26] Regulation 12 was substituted by regulation 5 of S.R. 1990 No. 131 and amended by S.R. 1992 No. 403 and S.R. 1993 No. 373back

[27] Paragraphs (2) to (7) were added by regulation 2 of S.R. 1988 No. 193 and amended by S.R. 1989 No. 395 and S.R. 1993 No. 149back

[28] Schedules 3A and 3B were inserted by Schedule 2 to S.R. 1988 No. 318 and Schedule 1 to S.R. 1989 No. 139 respectivelyback

[29] S.R. 1987 No. 460; relevant amending regulations are S.R. 1988 No. 132back

[30] Section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)back

[31] Section 139A was inserted by Article 26 of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))back

[32] Regulation 54 was amended by regulation 5 of S.R. 1997 No. 541back

[33] Section 69 was amended by Article 33(1) of, and paragraph 31 of Schedule 2 to, the Jobseekers (Northern Ireland) Order 1995 and section 2(2) to (4) of the Social Security (Overpayments) Act 1996 (c. 51); section 69A was inserted by Article 20 of the Jobseekers (Northern Ireland) Order 1995; section 72 was amended by paragraph 33 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995back

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