OpenLegislation

Article 22 Transitory provisions: appealsI1C1C2C3C4C5

Northern Ireland

(1)

Paragraph (2) applies where—

(a)

the amending provisions have come into force under Article 6(1) in relation to the case of a claim referred to in Article 6(2) (and any award that is made in respect of the claim);

(b)

the person is sent notice of a decision relating to a new style ESA award or a new style JSA award; and

(c)

the date of notification with respect to that decision is before 26th March 2018.

(2)

Where this paragraph applies, the provisions mentioned in paragraph (3) apply for the purposes of any appeal in relation to that decision as if regulation 54 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 (consequential amendments)f1 did not apply in that person’s case.

(3)

The provisions referred to are the following provisions of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999f2—

(a)

regulation 32 (late appeals);

(b)

regulation 33 (making of appeals and application); and

(c)

regulation 34 (death of a party to an appeal).

(4)

For the purposes of paragraph (1), “the date of notification” means the date on which the decision notice was posted to the person’s last known address by the Department.

Annotations

Modifications

C1

Arts. 10-23 applied (13.11.2017) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 9 and Transitional and Transitory Provisions) Order 2017 (S.R. 2017/216), art. 5

C2

Arts. 10-23 applied (15.1.2018) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 10 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2018 (S.R. 2018/1), art. 5

C3

Arts. 10-23 applied (9.5.2018) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 11 and Transitional and Transitory Provisions) Order 2018 (S.R. 2018/97), art. 5

C4

Arts. 10-23 applied (19.7.2018) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 12 and Transitional and Transitory Provisions and Commencement No. 9, 10 and 11 and Transitional and Transitory Provisions (Amendment)) Order 2018 (S.R. 2018/138), art. 5

C5

Arts. 10-23 apllied (31.1.2019) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 14 and Savings and Transitional Provisions) Order 2019 (S.R. 2019/7), art. 2(12)

Commencement

I1

Art. 22 in operation at made date

Footnotes

f1

S.R. 2016 No. 221.

f2

S.R. 1999 No. 162.