Regulation 44 Modification of the Commissioner Procedures RegulationsI1

Northern Ireland

The Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999^f1 Regulations shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit Regulations with the following modifications—

(a)

as if for “the Department”, wherever it occurs, there were substituted “the relevant authority”;

(b)

as if regulation 3 were omitted;

(c)

as if in regulation 4—

(i)

there were inserted in the appropriate place—

“the Rate Relief Regulations” means the Rate Relief (General) Regulations (Northern Ireland) 2007 and the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007;”;

(ii)

in the definition of “the chairman”^f2—

(aa)

after “and 10” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 44”;

(bb)

after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 41”;

(iii)

the definition of “the Department”^f3 were omitted;

(iv)

in the definition of “person affected”^f4 after “(Northern Ireland) 2001” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 43”;

(v)

in the definition of “relevant authority”^f5 after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 41”;

(vi)

in paragraph (2)^f6—

(aa)

after “to the 2000 Act”, in both places where it occurs, there were inserted “as applied with modifications for the purposes of these Regulations by regulation 41”;

(bb)

after “(Northern Ireland) 2001” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 43”;

(d)

as if—

(i)

in regulation 5(2)(a) after “and 13(2)”;

(ii)

in regulation 7(1)—

(aa)

in sub-paragraph (a) after “and 20”;

(bb)

in sub-paragraph (b) after “regulation 23”;

(cc)

in sub-paragraph (c) after “regulation 25”;

(dd)

in sub-paragraph (d) after “regulation 5”;

(ee)

in sub-paragraph (e) after “regulation 26”;

(ff)

in sub-paragraph (f) after “regulation 27”;

(gg)

in sub-paragraph (g) after “regulation 5”;

(iii)

in regulation 11(2)—

(aa)

after “regulation 9”;

(bb)

in sub-paragraph (b) after “regulation 12”;

(iv)

in regulation 12(1) after “regulation 11(2)”;

(v)

in regulation 14(3)^f7 after “regulation 15(2)”,

there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 44”;

(e)

as if in regulation 15^f8—

(i)

in paragraph (1) after “to the 2000 Act”, in both places where it occurs, there were inserted “as applied with modifications for the purposes of these Regulations by regulation 41”;

(ii)

in paragraph (2) after “regulation 14(2)” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 44”;

(f)

as if in regulation 18(4)^f9 after “regulation 20” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 44”;

(g)

as if in regulation 19^f10—

(i)

in paragraphs (1) and (3)(b) after “regulation 18” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 44”;

(ii)

after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 41”;

(h)

as if in regulation 20(4) after “and 19” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 44”;

(i)

as if in regulation 24(6)(ff)^f11 for “housing benefit” there were substituted “rate relief”;

(j)

as if in regulation 28(2)^f12 after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 41”;

(k)

as if—

(i)

in regulations 30 and 31 after “and 32”;

(ii)

in regulation 32—

(aa)

in paragraph (1) after “and 31”;

(bb)

in paragraph (2) after “regulation 30” and “regulation 31”,

there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 44”;

(l)

as if in regulation 32(1)^f13 after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 41”;

(m)

as if in regulation 33^f14—

(i)

in paragraph (1) after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 41”;

(ii)

in paragraph (2)—

(aa)

in sub-paragraph (a) after “regulation 30”;

(bb)

in sub-paragraph (b) after “regulation 31” and “regulation 31(2)”,

there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 44”;

(iii)

in paragraph (3)—

(aa)

after “Housing Benefit Regulations (Northern Ireland) 2006” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 26;

(bb)

after “Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006” there were inserted “as applied with modifications for the purposes of the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 by regulation 25 of those Regulations ”;

(cc)

after “to the 2000 Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 41”;

(iv)

in paragraph (4)—

(aa)

in sub-paragraph (a) for “housing benefit” there were substituted “rate relief”;

(bb)

sub-paragraphs (b) and (c) were omitted;

(v)

in paragraph (5) after “regulation 26” there were inserted “of the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999 as applied with modifications for the purposes of these Regulations by regulation 44”.

Annotations

Commencement

I1: Reg. 44 in operation at 1.4.2007, see reg. 1(1)

Footnotes

f1: S.R. 1999 No. 225
f2: The definition of “the chairman” was amended by regulation 2(3) of S.R. 2007 No. 146
f3: The definition of “the Department” was substituted by regulation 2(3) of S.R. 2007 No. 146
f4: The definition of “person affected” was inserted by regulation 2(3) of S.R. 2007 No. 146
f5: The definition of “relevant authority” was inserted by regulation 2(3) of S.R. 2007 No. 146
f6: Regulation 4(2) was inserted by regulation 2(3) of S.R. 2007 No. 146
f7: Regulation 14(3) was amended by regulation 2(7) of S.R. 2007 No. 146
f8: Regulation 15 was amended by regulation 2(8) of S.R. 2007 No. 146
f9: Regulation 18(4) was inserted by regulation 2(9) of S.R. 2007 No. 146
f10: Regulation 19 was amended by regulation 2(10) of S.R. 2007 No. 146
f11: Regulation 24(6)(ff) was inserted by regulation 2(11) of S.R. 2007 No. 146
f12: Regulation 28(2) was amended by regulation 2(12) of S.R. 2007 No. 146
f13: Regulation 32(1) was amended by regulation 2(15) of S.R. 2007 No. 146
f14: Regulation 33 was amended by regulation 2(16) of S.R. 2007 No. 146