SOCIAL SECURITY Citation and commencement 1 These Regulations may be cited as the Social Security, Child Support and Tax Credits (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 21st December 2004. Amendment of the Housing Benefit (General) Regulations 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 3 1 The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 shall be amended in accordance with paragraphs (2) to (9). 2 In regulation 1(2) (interpretation) the definition of “misconceived appeal” shall be omitted. 3 In regulation 25 (other persons with a right of appeal) for “Article 13(2)(b)” there shall be substituted “Article 13(2)”. 4 In regulation 36 (composition of appeal tribunals) – a in paragraph (2) for “, (8) and (9)” there shall be substituted “and (8)”; b in paragraph (5) for “, (3) or (9)” there shall be substituted “or (3)”; and c paragraph (9) shall be omitted. 5 In regulation 39 (directions concerning oral hearings) for the heading and paragraphs (1) to (4) there shall be substituted – Choice of hearing 39 1 Where an appeal or a referral is made to an appeal tribunal the appellant and any other party to the proceedings shall notify the clerk to the appeal tribunal, on a form approved by the Department, whether he wishes to have an oral hearing of the appeal or whether he is content for the appeal or referral to proceed without an oral hearing. 2 Except in the case of a referral, the form shall include a statement informing the appellant that, if he does not notify the clerk to the appeal tribunal as required by paragraph (1) within the period specified in paragraph (3), the appeal may be struck out in accordance with regulation 46(1). 3 Notification in accordance with paragraph (1) – a if given by the appellant or a party to the proceedings other than the Department, must be sent or given to the clerk to the appeal tribunal within 14 days of the date on which the form is issued to him; or b if given by the Department, must be sent or given to the clerk to the appeal tribunal – i in the case of an appeal, within 14 days of the date on which the form is issued to the appellant, or ii in the case of a referral, on the date of referral, or within such longer period as the clerk may direct. 4 Where an oral hearing is requested in accordance with paragraphs (1) and (3) the appeal tribunal shall hold an oral hearing unless the appeal is struck out under regulation 46(1). . 6 In regulation 46 (appeals which may be struck out) – a in paragraph (1) – i the word “or” after sub-paragraph (b) shall be omitted, ii in sub-paragraph (c) the words “subject to regulation 39(2),” shall be omitted, and iii after sub-paragraph (c) there shall be added – or d for failure of the appellant to notify the clerk to the appeal tribunal, in accordance with regulation 39, whether or not he wishes to have an oral hearing of his appeal. ; and b paragraph (4) shall be omitted. 7 In regulation 47 (reinstatement of struck out appeals) – a in paragraph (1) for “46(1)(c)” there shall be substituted “46(1)(d)”; and b in paragraph (2) – i the words “or 48”, and ii sub-paragraph (b), shall be omitted. 8 Regulation 48 (misconceived appeals) shall be omitted. 9 In Schedule 1 (decisions against which no appeal lies) in paragraph 5 (claims and payments) – a for sub-paragraph (a) there shall be substituted the following sub-paragraph – a regulation 4(3) or (3B) (as to which partner should make a claim for income support or jobseeker’s allowance); ; b sub-paragraphs (b) and (c) shall be omitted; and c for sub-paragraph (bb) there shall be substituted the following sub-paragraph – bb regulation 4C(7) (as to which partner should make a claim for state pension credit); . Amendment of the Housing Benefit (Decisions and Appeals) Regulations 4 1 The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 shall be amended in accordance with paragraphs (2) to (4). 2 In regulation 22 (composition of appeal tribunals) paragraph (3) shall be omitted. 3 In regulation 23 (procedure in connection with appeals) – a in paragraph (1) for “amended by the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations (Northern Ireland) 2002” there shall be substituted “amended by the Social Security, Child Support and Tax Credits (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2004”; and b in paragraph (3)(a) after “except in regulations” there shall be inserted “39(1) (choice of hearing),”. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Tax Credits (Appeals) Regulations 5 1 The Tax Credits (Appeals) Regulations (Northern Ireland) 2002 shall be amended in accordance paragraphs (2) to (4). 2 In regulation 12 (directions concerning oral hearings) for the heading and paragraphs (1) to (4) there shall be substituted – Choice of hearing 12 1 Where an appeal or an application for a direction is made to an appeal tribunal the appellant or applicant and any other party to the proceedings shall notify the clerk to the appeal tribunal, on a form approved by the Department, whether he wishes to have an oral hearing or whether he is content for the appeal or application to proceed without an oral hearing. 2 The form shall include a statement informing the appellant or applicant that, if he does not notify the clerk to the appeal tribunal as required by paragraph (1) within the period specified in paragraph (3), the appeal or, as the case may be, the application may be struck out in accordance with regulation 16(1). 3 Notification in accordance with paragraph (1) – a if given by the appellant, the applicant or any party to the proceedings other than the Board, must be given or sent to the clerk to the appeal tribunal within 14 days of the date on which the form is issued to him; or b if given by the Board, must be given or sent to the clerk to the appeal tribunal within 14 days of the date on which the form is issued to the appellant or applicant, or within such longer period as the clerk may direct. 4 Where an oral hearing is requested in accordance with paragraphs (1) and (3) the appeal tribunal shall hold an oral hearing unless the case is struck out under regulation 16(1). . 3 In regulation 16(1) (cases which may be struck out) – a the word “or” after sub-paragraph (a) shall be omitted, b in sub-paragraph (b) the words “subject to regulation 12(4),” shall be omitted; and c after sub-paragraph (b) there shall be added – or c for failure of the appellant or applicant to notify the clerk to the appeal tribunal, in accordance with regulation 12, whether or not he wishes to have an oral hearing of his case. . 4 In regulation 17(1) (reinstatement of struck out cases) for “16(1)(b)” there shall be substituted “16(1)(c)”. Revocations 6 The Regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3). Sealed with the Official Seal of the Department for Social Development on 20th December 2004. John O'Neill A senior officer of the Department for Social Development