Regulation 19 Amendment of regulation 13

In regulation 13 (income support and social fund determinations on incomplete evidence)—

(a)

in paragraph (1), for sub-paragraph (a), substitute—

“(a)
a determination falls to be made by the Secretary of State as to what housing costs are to be included in—
(i)
a claimant’s applicable amount by virtue of regulation 17(1)(e) or 18(1)(f) of, and Schedule 3 to, the Income Support Regulations; or
(ii)
a claimant’s appropriate minimum guarantee by virtue of regulation 6(6)(c) and Schedule II to the State Pension Credit Regulations; and”

and for the words “applicable amount are those”, substitute “ applicable amount or, as the case may be, appropriate minimum guarantee are those ”; and

(b)

after paragraph (2), add—

“(3)
Where, for the purposes of a decision under section 8 or 10—
(a)
a determination falls to be made by the Secretary of State as to whether a claimant’s appropriate minimum guarantee includes an additional amount in accordance with regulation 6(4) of, and paragraph 1 of Schedule I to, the State Pension Credit Regulations; and
(b)
it appears to the Secretary of State that he is not in possession of all the evidence or information which is relevant for the purpose of such a determination,
he shall make the determination on the assumption that the relevant evidence or information which is not in his possession is adverse to the claimant.”.