OpenLegislation

The Social Security (Adjudication) (Amendment) Regulations (Northern Ireland) 1994

S.R. 1994/21 · Made 21 January 1994

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 21st January 1994

Coming into operation 28th February 1994

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 25(1)(b), 30(8), 33(10) and 59(1) and (2) of the Social Security Administration (Northern Ireland) Act 1992f1 and of all other powers enabling it in that behalf, and after agreement by the Social Security Advisory Committee that the proposals to make these regulations need not be referred to itf2, hereby makes the following regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 8

f2

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Social Security (Adjudication) Regulations
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretation

(1)

These regulations may be cited as the Social Security (Adjudication) (Amendment) Regulations (Northern Ireland) 1994 and shall come into operation on 28th February 1994.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these regulations as it applies to a Measure of the Northern Ireland Assembly.

2Amendment of the Social Security (Adjudication) Regulations

(1)

The Social Security (Adjudication) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 64Af2 (date from which revised decision has effect on a review in specified circumstances)—

(a)

in paragraph (3) at the beginning there shall be inserted “Subject to paragraph (3A),”; and

(b)

after paragraph (3) there shall he inserted the following paragraph—

“(3A)

A determination on a claim or question shall not be revised on review, in consequence of a determination by a Commissioner in another case that a decision of an adjudicating authority was erroneous in point of law, under section 23(2) or 28(2)(d) of the Administration Act so as to make benefit payable or to increase the amount of benefit payable in respect of that claim or question for any period prior to the date of that Commissioner’s determination.”.

(3)

In regulations 65(3), 66(1), 69(1) as continued in operation by regulation 10 of the Social Security (Adjudication) (Amendment No. 2) Regulations (Northern Ireland) 1987f3 and as amended by regulation 8 of those regulations, and 71 for “regulation 64A(2) or (3)” there shall be substituted “regulation 64A(2), (3) or (3A)”.

Signature

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

W. G. Purdy

Assistant Secretary

21st January 1994.

Explanatory note

(This note is not part of the Regulations.)

These regulations amend regulation 64A of the Social Security (Adjudication) Regulations (Northern Ireland) 1987 to ensure that a decision on a claim or question shall not be revised on review so as to make benefit payable or increase the amount of benefit payable in respect of that claim or question for any period before the date of the Commissioner’s decision on which the review was based.

Some consequential amendments are also made.