The Social Security (Claims and Payments and Adjudication) Amendment No. 2 Regulations 1997

Amendment of regulation 59 of the Adjudication Regulations

2.  In regulation 59 of the Adjudication Regulations(1) (review of decisions involving payment or increase of certain benefits), after paragraph (1B)(2) there shall be inserted the following paragraph—

“(1C) Subject to regulation 58, where, in the case of attendance allowance or disability living allowance, the decision is reviewed under section 30(1) of the Administration Act (application within the prescribed period), or under that subsection as applied by section 31(2) or 35(8) of that Act, the decision given on review shall have effect from such date as may be specified in the decision, being a date not earlier than—

(a) where the decision being reviewed is also a review decision or a refusal to review (“the first review”), one month before the date of application for the first review;

(b) in any other case, the date of claim.”.

(1)

Relevant amending instruments are S.I. 1996/425 and 1518 and 1997/793.

(2)

Paragraphs (1A) and (1B) were inserted by S.I. 1997/793.