# The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2007, Regulation 3: Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

Extent: N.I.

(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 are amended in accordance with paragraphs (2) to (5).
(2) In regulation 1(2) (interpretation) in the definition of “incapacity benefit decision” at the end add “or an award of long term incapacity benefit under regulation 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995”.
(3) In regulation 3 (revision of decisions)—
(a) in paragraph (5)—
(i) in sub-paragraph (b) after “sub-paragraph (c)” insert “or (d),”,
(ii) in sub-paragraph (c) at the beginning insert “subject to sub-paragraph (d),”, and
(iii) after sub-paragraph (c) add—
“or
(d) where the decision is a disability benefit decision, or is an incapacity benefit decision, which was made in ignorance of, or was based upon a mistake as to, some material fact not in relation to the incapacity or disability determination embodied in or necessary to the incapacity benefit decision or disability benefit decision, and as a result of that ignorance of, or mistake as to, that fact, the decision was more advantageous to the claimant than it would otherwise have been but for the ignorance or mistake,”; and
(b) after paragraph (5A) insert—
“(5B) A decision by the Department under Article 9 or 11 awarding incapacity benefit may be revised at any time if—
(a) it incorporates a determination that the condition in regulation 28(2)(b) of the Incapacity for Work Regulations is satisfied;
(b) the condition referred to in sub-paragraph (a) was not satisfied at the time when the further claim was first determined; and
(c) there is a period before the award which falls to be decided.”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In paragraph 6 of Schedule 2B (date on which change of circumstances takes effect where a claimant is entitled to state pension credit) for “1975” substitute “2005”.

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Source: https://www.legislation.gov.uk/nisr/2007/392/regulation/3 (the official version)
Page: https://openlegislation.uk/social-security-miscellaneous-amendments-no-4-regulations-northern-ireland-2007/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.