The Social Security (Claims and Payments and Miscellaneous Amendments) Regulations 2002

Amendment of the Decisions and Appeals Regulations

4.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations 1999(1) shall be amended in accordance with the following paragraphs.

(2) For regulation 3(7)(2) (revision of decisions) there shall be substituted the following paragraph—

“(7) Where—

(a) the Secretary of State or an officer of the Board makes a decision under section 8 or 10 awarding a relevant benefit to a claimant (“the original award”); and

(b) an award of another relevant benefit or of an increase in the rate of another relevant benefit is made to the claimant or a member of his family for a period which includes the date on which the original award took effect,

the Secretary of State or an officer of the Board, as the case may require, may revise the original award.”.

(3) In regulation 6(2)(e)(ii)(3) (supersession of decisions)—

(a) for the words “on a date after that entitlement arises” there shall be substituted the words “subsequent to the first day of the period to which that entitlement relates”; and

(b) the words “, and is paid,” shall be omitted.

(4) For regulation 7(7)(4) (date from which a decision superseded under section 10 takes effect) there shall be substituted the following paragraph—

“(7) A decision which is superseded in accordance with regulation 6(2)(e) shall be superseded from the date on which entitlement arises to the other relevant benefit referred to in regulation 6(2)(e)(ii) or to an increase in the rate of that other relevant benefit.”.

(1)

S.I. 1999/991; the relevant amending instrument is S.I. 2000/1596.

(2)

Paragraph (7) was substituted by S.I. 2000/1596.

(3)

Sub-paragraph (e) was substituted by S.I. 2000/1596.

(4)

Paragraph (7) was substituted by S.I. 2000/1596.