Regulation 14 Date from which a revision takes effect

Northern Ireland

(1)

Where the relevant authority decides that the date from which a relevant decision took effect was erroneous, the revised decision shall take effect from the date the original decision should have taken effect had the error not occurred and may be further revised in accordance with this regulation.

(2)

A decision made by virtue of regulation 13(1)(a) F1... shall have the same effective date as the decision being so revised.

F2(3)

The effective date of a decision made in accordance with regulation 13(1)(b)—

(a)

which is more advantageous to the person affected than it would otherwise have been but for that ignorance or mistake shall be:—

(i)

where the relevant authority is notified by the claimant of that ignorance or mistake, with such appropriate evidence as it requires, within 3 months of the date the decision to be revised was issued, the same effective date as the decision being so revised; or

(ii)

where within 3 months of the date the decision to be revised was issued, the relevant authority has information or appropriate evidence which is sufficient to show that the original decision was made in ignorance of, or was based upon a mistake as to some material fact, the same effective date as the decision being so revised; or

(iii)

where sub-paragraphs (a)(i) and (ii) do not apply, the date the relevant authority receives such appropriate evidence as it requires; or

(b)

in any case where sub-paragraph (a) does not apply, it shall be revised from the same effective date as the decision being so revised.

(4)

A decision made by virtue of regulation 13(1)(d) shall have effect from the day after the last day of that entitlement to universal credit;

(5)

Subject to paragraphs (6) and (9) a decision made by virtue of F3regulation 13(1)(c), (e), (f) and (g) shall have effect from the day the change occurs.

(6)

For the purposes of this regulation, where a change referred to in regulation13(1)(f) and (g) occurs and the revising decision is more advantageous to the claimant—

(i)

but is notified by the claimant more than 3 months from when it occurs the date of notification of the change of circumstances shall be treated as the date on which the change of circumstances occurred;

(ii)

but the change is not notified by the claimant the change of circumstances shall be treated as occurring on the date on which the relevant authority first had sufficient information to complete the revision.

(7)

A decision made in accordance with regulation 13(1)(h) shall take effect from the same date in the following month or if that date does not exist the closest date before that date had it existed.

F4(7A)

Where a decision is made in accordance with regulation 13(1)(i) and the effective date of the decision to be revised occurs in the period between 28th March 2020 and 4th January 2021 and the relevant authority is notified with the appropriate evidence as required in regulation 10(8) —

(a)

before 4th April 2021, it shall have the same effective date as the decision being so revised;

(b)

where sub-paragraph (a) does not apply, the effective date will be the date the relevant authority receives the appropriate evidence.

(8)

The amount of rate relief payable within an attribution period as a result of this regulation will be calculated in accordance with regulation 16.

(9)

In this regulation where there is a change in valuation of the dwelling occupied as the home in accordance with Part 3 of the 1977 Order and the relevant authority is made aware of the change within 3 months of it occurring the change shall take effect from the date the new valuation applies from.

(10)

Where in consequence of this regulation an award of rate relief is to be revised the entitlement in any attribution period will be calculated in accordance with regulation 16.

Annotations

Textual amendments

F1: Words in reg. 14(2) omitted (1.4.2023) by virtue of The Rate Relief (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/39), regs. 1, 2(7)(a)
F2: Reg. 14(3) substituted (4.1.2021) by The Rate Relief (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/308), regs. 1, 2(4)(a)
F3: Words in reg. 14(5) substituted (1.4.2023) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/39), regs. 1, 2(7)(b)
F4: Reg. 14(7A) inserted (4.1.2021) by The Rate Relief (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/308), regs. 1, 2(4)(b)