[F17. In the case of an employment and support allowance decision where there has been a limited capability for work determination, where—E+W+S
(a)the Secretary of State is satisfied that, in relation to a limited capability for work determination, the claimant or payee failed to notify an appropriate office of a change of circumstances which regulations under the Administration Act required him to notify; and
(b)the claimant or payee, as the case may be, could reasonably have been expected to know that the change of circumstances should have been notified,
the superseding decision shall take effect—
(i)from the date on which the claimant or payee, as the case may be, ought to have notified the change of circumstances; or
(ii)if more than one change has taken place between the date from which the decision to be superseded took effect and the date of the superseding decision, from the date on which the first change ought to have been notified.]
Textual Amendments
F1Sch. 3C inserted (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 43