Regulation 4 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

for paragraph 2^f2 substitute—

“2.

Subject to paragraph 3, where the relevant change is that—

(a)

the claimant’s income or the income of the claimant’s partner (other than deemed income from capital) has changed;

(b)

the claimant or the claimant’s partner becomes entitled to—

(i)

disability living allowance (middle or higher rate care component), or

(ii)

attendance allowance; or

(c)

the claimant or their partner again receives either of those allowances mentioned in sub-paragraph (b) immediately after the end of the period specified in paragraph 2A,

the superseding decision shall take effect on the first day of the benefit week in which that change occurs or if that is not practicable in the circumstances of the case, on the first day of the next following benefit week.”; and

after paragraph 2 insert—

“2A.

A period specified for the purposes of paragraph 2 is a period when the claimant or the claimant’s partner is maintained free of charge while undergoing medical or other treatment as an in-patient in—

(a)

a hospital or a similar institution under the Health and Personal Social Services (Northern Ireland) Order 1972^f3 or the Health and Personal Social Services (Northern Ireland) Order 1991^f4; or

(b)

a hospital or similar institution maintained or administered by the Defence Council.”.