Regulation 2 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999^f1 shall be amended in accordance with paragraphs (2) and (3).

In regulation 7 (date from which a decision superseded under Article 11 takes effect) for paragraph (9) there shall be substituted the following paragraph—

“(9)

A decision relating to attendance allowance or disability living allowance which is advantageous to the claimant and which is made under Article 11 on the basis of a relevant change of circumstances shall take effect from—

(a)

where the decision is made on the Department’s own initiative, the date of that decision;

(b)

where—

(i)

the change is relevant to the question of entitlement to a particular rate of benefit; and

(ii)

the claimant notifies the change before a date one month after he satisfied the conditions of entitlement to that rate or within such longer period as may be allowed under regulation 8,

the first pay day (as specified in Schedule 6 to the Claims and Payments Regulations^f2) after he satisfied those conditions;

(c)

where—

(i)

the change is relevant to the question of whether benefit is payable; and

(ii)

the claimant notifies the change before a date one month after the change or within such longer period as may be allowed under regulation 8,

the first pay day (as specified in Schedule 6 to the Claims and Payments Regulations) after the change occurred; or

(d)

in any other case, the date of the application for the superseding decision.”.

In regulation 8 (effective date for late notifications of change of circumstances)—