Regulation 16 Questions not immediately ascertainable

(1)

Regulation 16 of the Transitional Provisions Regulations (questions not immediately ascertainable) shall be amended in accordance with the following provisions of this regulation.

(2)

In paragraph (1) after sub-paragraph (a) the following sub-paragraph shall be inserted—

“(aa)

a question as to whether the conditions specified in section 1(2) other than sub-paragraph (d)(i), or a question as to whether the conditions specified in section 2, other than those specified in section 2(1)(c) or (d), are satisfied, and the adjudication officer is satisfied that the answer to one of those questions cannot be immediately ascertained, he shall proceed to determine the claim on the assumption that the answers to either question are those which are immediately ascertainable;”.

(3)

In paragraph (2)—

(a)

sub-paragraphs (a), (b) and (d) shall be omitted; and

(b)

after sub-paragraph (d) the following sub-paragraph shall be added—

“(e)

whether in relation to any claimant the applicable amount includes an amount by way of a severe disablement premium by virtue of regulation 17(1)(d) or 18(1)(e) of, and paragraph 13 of Schedule 2 to, the Income Support Regulations (applicable amounts).”.